STATUTE:

Chapter 347. Equipment of Vehicles. Section 347.485. Protective headgear for use on Type 1 Motorcycles. :

"(1)(a) No person who holds an instructional permit under s. 343.07(4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.

"(am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear."

FINE:

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

STANDARDS:

Chapter 347. Equipment of Vehicles. Section 347.485. Protective headgear for use on Type 1 Motorcycles. :

"(1)(a) . . . protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 . . .."

COURT DECISIONS:

"This section requiring motorcyclist to wear protective headgear and Section 346.595 requiring that headlight of motorcycle be lighted whenever the motorcycle is operated are constitutional." City of Kenosha v. Dosemagen (1972) 195 N.W.2d 462, 54 Wis.2d 269.

"Judicial notice would be taken of dangers inherent in the operation of motorcycles as compared to the operation of automobiles." Bisenius v. Karns (1969) 165 N.W.2d 377, 42 Wis.2d 42, appeal dismissed 89 S.Ct. 2033, 395 U.S. 709, 23 L.Ed.2d 655.

"Sole purpose, effect and result of motorcycle safety statutes in question was not to protect the motorcyclists, riders or both against themselves; rather, the statutes concerned or benefited other persons, particularly other users of the public highways; accordingly, enactment of the statutes was not outside the scope of state's police power authority." Bisenius v. Karns (1969) 165 N.W.2d 377, 42 Wis.2d 42, appeal dismissed 89 S.Ct. 2033, 395 U.S. 709, 23 L.Ed.2d 655.

"Safety statutes requiring that motorcycle drivers wear protective helmets and have eye protection, and that motorcycles have untilted handlebars, did not transgress the constitutional or inherent rights of motorcyclists without corresponding benefits accruing to the general welfare; accordingly, enactment of the statutes was not prohibited by either the Federal or State Constitution." Bisenius v. Karns (1969) 165 N.W.2d 377, 42 Wis.2d 42, appeal dismissed 89 S.Ct. 2033, 395 U.S. 709, 23 L.Ed.2d 655.

COMMENTARY:

We realize that most motorcyclists in Wisconsin do not feel impacted by the helmet law in any real way, at this time, because it only applies to riders under 18. There are two reasons, we believe, that it is important to maintain a constant vigilance regarding the Wisconsin 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 Wisconsin Legislature has adopted FMVSS 218, threrby rendering the the Wisconsin helmet law unconstitutionally vague. (see Washington v. Maxwell , 74 WASH.APP. 688, 878 P.2D 1220 (1994))

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

Questions or Comments