Missouri Motorcycle Helmet Law

STATUTE:

Title XIX. Motor Vehicles, Watercraft and Aviation. Chapter 302. Drivers' and Commercial Drivers' Licenses. Section 302.020. Operation of Motor Vehicle Without Proper License Prohibited -- Motorcycles -- Special License -- Protective Headgear -- Penalty. :
". . . 2. Every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, RSMo, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. . . ."

FINE:

Title XIX. Motor Vehicles, Watercraft and Aviation. Chapter 302. Drivers' and Commercial Drivers' Licenses. Section 302.020. Operation of Motor Vehicle Without Proper License Prohibited -- Motorcycles -- Special License -- Protective Headgear -- Penalty. :
". . . 3. Notwithstanding the provisions of section 302.340, the penalty for failure to wear protective headgear as required by subsection 2 of this section shall be an infraction for which a fine not to exceed twenty-five dollars may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. No points shall be assessed under section 302.302 for a failure to wear such protective headgear."

STANDARDS:

Title XIX. Motor Vehicles, Watercraft and Aviation. Chapter 302. Drivers' and Commercial Drivers' Licenses. Section 302.020. Operation of Motor Vehicle Without Proper License Prohibited -- Motorcycles -- Special License -- Protective Headgear -- Penalty. :
". . . The protective headgear shall meet reasonable standards and specifications established by the director."

We are currently researching the Missouri regulations to determine exactly what standard they have adopted to define "protective headgear". Apparently the "director" approves Missouri's so-called safety equipment, so we will locate the "director" for Missouri and ask. When we get an answer, you will find it here.

COURT DECISIONS:

"This section, prohibiting operation of motorcycle on state highways without wearing protective headgear is not violative of 14th Amendment." State v. Elliott (App. 1970) 459 S.W.2d 526.

Yeah, well maybe in 1970 this was true, but it is most certainly not true today! Check out the "Commentary" section below.

"This section, requiring wearing of protective headgear by motorcyclists, establishes a sufficiently definite public policy and merely leaving details of implementation to director is valid and is not an unconstitutional delegation of legislative powers and does not deprive motorcyclists of due process." State v. Cushman (Sup. 1970) 451 S.W.2d 17.

Again, in 1970 a lot of things were true that are not true today. When and if this matter is revisited in the Missouri courts, the outcome will not be the same. The "Director" simply cannot lay down arbitrary standards of what constitutes "protective headgear".

"This section is not unconstitutional as a special law that makes an unreasonable classification between drivers of all other vehicles and motorcyclists." State v. Cushman (Sup. 1970) 451 S.W.2d 17.
"This section requiring motorcyclist to wear protective headgear does not deny due process of law to motorcyclist." State v. Cushman (Sup. 1970) 451 S.W.2d 17.

It most certainly does if there is not a clear definition of the term "protective headgear". Again, we are dealing with a very old opinion.

"Provision making it unlawful to operate motorcycle without wearing protective headgear bears real and substantial relationship to highway safety generally and is within police power of state and is not unconstitutional." State v. Darrah (Sup. 1969) 446 S.W.2d 745.
"Points are to be assessed by virtue of s 302.302 against the license of a person convicted of operating a motorcycle without wearing headgear, in violation of this section, as approved by the director of revenue." Op.Atty.Gen. No. 119, David, 1-9-68.

This the an opinion expressed by the Missouri Attorney General in 1968. How did he do that? Above, under the statute describing the "fine" for violating the helmet law, the Missouri Legislature stated that there would not be points assessed. Are we missing something?

COMMENTARY:

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 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.

Although the Missouri Legislature may believe that they can authorize the "director" to reasonable standards and specifications for "protective headgear," the director is confined, by law, to adopting only those standards established by the National Highway Traffic Safety Administration.
If the director has exceeded his authority and adopted anything other than Federal Motor Vehicle Standard (FMVSS) 218 -- the Federal standard for, or definition of, a so-called "safety" helmet (aka: "protective headgear") -- the Missouri helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten, 568 F.Supp. 714 (1983))
If the director had adopted FMVSS 218, which the law insists that he ultimately must, the Missouri helmet law is thereby rendered unconstitutionally vague and can be challenged on that basis, and removed. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994))
We believe that if you will write to the Director of the Department of Motor Vehicles, or of the Highway Patrol, for Missouri and ask for the list of helmets that comply with the Missouri helmet law -- tell them you are attempting to determine how to comply with the helmet law, "with certainty" -- someone can take whatever answer (or, more likely, a refusal to answer) to the courts, and Missouri bikers will be 100% FREE of the helmet law!