pulled over for non DOT helmet...
Road Warrior
Joined: Oct 2006
Posts: 1,354
Likes: 13
RE: pulled over for non DOT helmet...
Here's a link from the NHTSA http://www.nhtsa.dot.gov/people/inju...ages/page2.htm
titled "HOW TO IDENTIFYUNSAFE MOTORCYCLE HELMETS"
titled "HOW TO IDENTIFYUNSAFE MOTORCYCLE HELMETS"
Road Master
Joined: Jan 2006
Posts: 1,154
Likes: 0
From: South Bend, In
RE: pulled over for non DOT helmet...
ORIGINAL: ladodgerdog
You legally cannot be pulled over just for a non-DOT helmet. There is no visual conformation to weather your helmet is DOT or non-DOT. If you are pulled over, for any reason, do not take off your helmet. The officer needs a warrant. If you take off your helmet or you agree that your helmet is not an approved DOT helmet, then he/she can write you a ticket.
You legally cannot be pulled over just for a non-DOT helmet. There is no visual conformation to weather your helmet is DOT or non-DOT. If you are pulled over, for any reason, do not take off your helmet. The officer needs a warrant. If you take off your helmet or you agree that your helmet is not an approved DOT helmet, then he/she can write you a ticket.
Please don't tell people to not cooperate with a law enforcement Officer. Be polite, when the stop is done, leave and then take it to court. Let's be honest, you can tell if a helmet is DOT or not just by the way they sit on your head, that in it's self is probable cause to make the stop, and believe me I know moststates that enforce helmet laws require their Officers to complete training in identifying non-DOT helmets.We do not have helmet laws in Indiana so we don't have to enforce them, thank god!
Tourer
Joined: Jul 2006
Posts: 278
Likes: 1
From: Rancho Cucamonga, CA
RE: pulled over for non DOT helmet...
The main problem withthe DOT helmet law is that the law relies onmanufactures to self certified (A helmet must pass FMVSS 218 standards). I make a helmet, then I say "yes" this helmet will pass FMVSS 218, now my helmet is a DOT. That is that simple.
"...the absence of a list of helmets which comply with the helmet law, it will ultimately fall as unconstitutionally vague. We are equally sure that, because of the liability incurred by making a list, that neither the State nor the Feds will make ever such a list."
-Helmet Law Defense League
And "NO" without probable cause and a warrant, you CANNOT have my helmet.
"...the absence of a list of helmets which comply with the helmet law, it will ultimately fall as unconstitutionally vague. We are equally sure that, because of the liability incurred by making a list, that neither the State nor the Feds will make ever such a list."
-Helmet Law Defense League
And "NO" without probable cause and a warrant, you CANNOT have my helmet.
Ultimate HDF Member
Joined: Jun 2006
Posts: 5,801
Likes: 13
RE: pulled over for non DOT helmet...
ORIGINAL: ladodgerdog
The main problem withthe DOT helmet law is that the law relies onmanufactures to self certified (A helmet must pass FMVSS 218 standards). I make a helmet, then I say "yes" this helmet will pass FMVSS 218, now my helmet is a DOT. That is that simple.
"...the absence of a list of helmets which comply with the helmet law, it will ultimately fall as unconstitutionally vague. We are equally sure that, because of the liability incurred by making a list, that neither the State nor the Feds will make ever such a list."
-Helmet Law Defense League
And "NO" without probable cause and a warrant, you CANNOT have my helmet.
The main problem withthe DOT helmet law is that the law relies onmanufactures to self certified (A helmet must pass FMVSS 218 standards). I make a helmet, then I say "yes" this helmet will pass FMVSS 218, now my helmet is a DOT. That is that simple.
"...the absence of a list of helmets which comply with the helmet law, it will ultimately fall as unconstitutionally vague. We are equally sure that, because of the liability incurred by making a list, that neither the State nor the Feds will make ever such a list."
-Helmet Law Defense League
And "NO" without probable cause and a warrant, you CANNOT have my helmet.
Cop Quote #3: The cuffs are new....with use, they will stretch out and get more comfortable.
Tourer
Joined: Jul 2006
Posts: 278
Likes: 1
From: Rancho Cucamonga, CA
RE: pulled over for non DOT helmet...
I would how we all can be respectful to each other, LEO or not. I have never had a problem with any officers, only the laws that I feel are un-constitutional.
Road Master
Joined: Jan 2006
Posts: 1,154
Likes: 0
From: South Bend, In
RE: pulled over for non DOT helmet...
Which is better debated in a court, not on the street. Follow the laws and if there's one you don't like then protest it, legally and peacefully.
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Road Master
Joined: Dec 2006
Posts: 1,236
Likes: 7
From: Bellingham, WA
RE: pulled over for non DOT helmet...
The June issue of Thunder Press has an article on Richard Quigley and his legal battles with the law over California helmet laws. Try the link or do a Google on the guy.
http://www.reason.com/news/show/33169.html
http://www.reason.com/news/show/33169.html
Stellar HDF Member
Joined: Sep 2006
Posts: 3,236
Likes: 95
From: lancaster, pa
RE: pulled over for non DOT helmet...
I heard that if you put a dot sticker on then really there is no way to say its not dot(from back in the dark ages here in pa) so to say you tampered with helmet or not is imposible to say? even if helmet looks cheap.