STATUTE:

Title 61. Motor Vehicles. Chapter 9. Vehicle Equipment. Part 4. Miscellaneous Regulations. Section 61-9-417. Headgear required for minor motorcycle riders. :

"An operator and passenger under 18 years of age of any motorcycle or quadricycle operated upon the streets or highways of this state shall wear protective headgear upon the head. . . ."

FINE:

If you have information about the amount of the fine for violating Montana's helmet law, please e-mail it to us. Thanks.

STANDARDS:

Title 61. Motor Vehicles. Chapter 9. Vehicle Equipment. Part 4. Miscellaneous Regulations. Section 61-9-417. Headgear required for minor motorcycle riders. :

". . . headgear shall meet standards established by the department of justice."

COURT DECISIONS:

There is no record of the Montana courts ever speaking to the issue of the constitutionality of mandatory helmet laws.

COMMENTARY:

We realize that most motorcyclists in Montana 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 Montana 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 Montana Legislature is as a matter of law confined to adopting only those standards for helmets set by the National Highway Traffic Safety Administration. If the Montana Legislature has caused any other standard to be adopted, anything other than Federal Motor Vehicle Standard (FMVSS) 218, the Montana helmet law can be successfully challenged on that basis alone, and removed. (see Juvenile Products v. Edmisten , 568 F.Supp. 714 (1983))

If the Montana Legislature has adopted FMVSS 218, the Montana helmet law is thereby unconstitutionally vague. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994))

We believe that if you will write to the head of the Montana Department of Justice and ask how to comply with the helmet law, "with certainty," you can take their answer (or, more likely, refusal to answer) to the courts and Montana bikers will be 100% FREE of the helmet law!

Questions or Comments