STATUTE:

Chapter 8. Automobiles and Other Vehicles. Article 15. Uniform Act Regulating Traffic; Rules of the Road, Special Rules for Motorcycles. Section 8-1598. Operation of motorcycles; equipment required for operators and riders. :

"(a) No person under the age of 18 years shall operate or ride upon a motorcycle or a motorized bicycle, unless wearing a helmet which complies with minimum performance requirements established by the national highway traffic safety administration pursuant to the national traffic and motor vehicle safety act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users."

FINE:

The fine for someone under 18 years of age not wearing a helmet is $52. (Source: Sgt Matt Dennis, Udall Police Department)

STANDARDS:

Chapter 8. Automobiles and Other Vehicles. Article 15. Uniform Act Regulating Traffic; Rules of the Road, Special Rules for Motorcycles. Section 8-1598. Operation of motorcycles; equipment required for operators and riders. :

". . . complies with minimum performance requirements established by the national highway traffic safety administration pursuant to the national traffic and motor vehicle safety act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users."

NOTE: Kansas defines a "helmet" through the "requirements established by the National Highway Traffic Safety Administration (NHTSA) pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users", which means the statute rests on Federal Motor Vehicle Standard 218 (FMVSS 218). However, FMVSS 218 is a complex testing standard which is not intelligible to the average citizen, which in turn renders any statute relying on its standards, unconstitutionally vague. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994)) The Kansas helmet law relies on FMVSS 218, and is thereby, similarly, unconstitutionally vague.

COURT DECISIONS:

We have not found any published cases from any of the Kansas courts of record regarding challenges of the state's helmet law on constitutional grounds, or any other.

COMMENTARY:

We realize that most motorcyclists in Kansas do not feel impacted by the helmet law in any real way, at this time. There are two reasons, we believe, that it is important to maintain a constant vigilance regarding the Kansas helmet law: 1) We believe that helmets are dangerous in many situations, in that in addition to all the commonly accepted problems -- vision and hearing impairment, heat retention, and others -- the weight and design of most of the traditionally accepted helmet styles make then a serious threat to the neck, particularly a young neck. And, 2) a modification of the statute to include adults is much more of a threat when the statute is already on the books, and there are no complaints about it. We think it is very very important that motorcyclists complain, early and often. The price of freedom is, after all, eternal vigilance.

From our beginning in 1993, it has been the position of the Helmet Law Defense League that all helmet laws are unconstitutional , in the absence of clear guidelines on how to comply with the statute -- like, for instance, with a list of "approved helmets."

NO LIST? NO LAW! If a state, any state, cannot answer the question: "How can a motorcyclist comply, with certainty , with the provisions of the helmet law?" that state's statute(s) requiring the wearing of a "helmet," "safety helmet," or "protective headgear" is unconstitutionally vague.

The Kansas Legislature has , in fact, adopted FMVSS 218. As stated above, the Kansas helmet law is thereby rendered unconstitutionally vague. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994))

We believe that if someone will write to the head of the Kansas Department of Motor Vehicles and ask how to comply with the helmet law, "with certainty," they can take the answer (or, more likely, refusal to answer) to the courts and Kansas can be 100% FREE of its helmet law!

Questions or Comments