NTSB & a New Helmet Law?
Cruiser
Joined: Sep 2007
Posts: 112
Likes: 0
From: Little River
RE: NTSB & a New Helmet Law?
If you get a chance to look at the Sept,17 US NEWS edt. there is an article in ref. to Harleys and safety as told by a member of the presidents staff. This may be some insight of things to come. I'm all for helments because I've worked alot of wrecks during Bike Week were the wearing of a helment made a big difference of life or death. I won't ride with out one but that my choice.
Intermediate
Joined: Sep 2007
Posts: 25
Likes: 0
From: Central Washington
RE: NTSB & a New Helmet Law?
ORIGINAL: Bigredone
Federal regulations are not law. They can only become law if adopted by a state. In other words, you cannot charge a person with a criminal offense using federal regulation code unless the state makes violating the paticular regulation a criminal offense.
Federal regulations are not law. They can only become law if adopted by a state. In other words, you cannot charge a person with a criminal offense using federal regulation code unless the state makes violating the paticular regulation a criminal offense.
Federal regulations have the force of federal law except that you cannot be sent to jail for violating a federal regulation. You can, however, be fined heavily for violating a federal regulation. That fine will be levied by the regulating agency; a federal court will play no part in it unless the fine is appealed to the court. I understand how this stuff works because I was a federal law enforcement officer for over 30 years and I instituted tens of thousands of dollars in fines with my own signature.
State law, of course, is an entirely separate matter from federal regulations and federal law. One has nothing to do with the other. Mostly, the laws of the state where the highway is control what you can or must do on that highway, but not always. There is nothing to preclude a federal agency from issuing a regulation controlling activities on a federally-funded highway. It is not usually done and there would be a fight with the state if they did, but remember: in these times, since the death of states' rights evenas a concept (much less a constitutional issue), the state nearly always loses.
Pilgrim
Road Captain
Joined: Jun 2006
Posts: 545
Likes: 5
From: North West PA
RE: NTSB & a New Helmet Law?
Since I want big brother out of my life because I don't need or want more people legislating my actions, lets swing the pendulum the other way just as far.
MandatoryHelmets: for people riding horses. Look at the head and neck injuries that occur annually. Mandatory helmets for swimmers all public pools (neck and spine injuries), helmets for hang gliders, helmets for joggers, helmets forbasketball, base ball - 100% of the time, hockey includes street hockey, farmers operating any type of machine that moves. Thelegislation is outrageous to insure perfect safety. Helmets for driving a car. Helmets for walking near by (sidewalk) or a highway.
I choose to wear one most of the time. I'm also free to make that decision at least in my home state. We live in a world of power mongers, it has little to do with insurance rates, and state wide costs. That part is absolute Bullllshiiit. Little people want spout opinions because they don't like bikers. All I can say to people that advocate more "big brother" is becareful what you wish for. You might just get it.
MandatoryHelmets: for people riding horses. Look at the head and neck injuries that occur annually. Mandatory helmets for swimmers all public pools (neck and spine injuries), helmets for hang gliders, helmets for joggers, helmets forbasketball, base ball - 100% of the time, hockey includes street hockey, farmers operating any type of machine that moves. Thelegislation is outrageous to insure perfect safety. Helmets for driving a car. Helmets for walking near by (sidewalk) or a highway.
I choose to wear one most of the time. I'm also free to make that decision at least in my home state. We live in a world of power mongers, it has little to do with insurance rates, and state wide costs. That part is absolute Bullllshiiit. Little people want spout opinions because they don't like bikers. All I can say to people that advocate more "big brother" is becareful what you wish for. You might just get it.
Tourer
Joined: May 2007
Posts: 374
Likes: 0
From: Pittsboro, NC
RE: NTSB & a New Helmet Law?
Well Pilgram,
I was hoping to leave this subject as it is open flame to many and plan to. Going beyond my earlier statement attempting to defend the various statement from everyone having a couterpoint is often fruitless. I was simply expressing my opionions and making a case for the discussion. The subject was helmets and a possible recommendation of an orgainization and not every saftey criteria known to man. Of course everyone should be involved with all aspects of your ten points and beyond. I practice my riding consistently, do the Ride like a pro video obsticle course, alway wear padded saftely gear, etc..etc..etc...I teach my kids the same methods. .SO" NO I am not a one-trick pony" as you may suggest. Could you imagine if I said everyone needed to wear protective gear or pass your criteria before you are allow to ride or seriously listen to..Wouldn't that be fun.....But the subject did not lead itself that direction....
Now on your opionion I should not be allow to voice or properly be listen to unless I pass your 10 point quiz. Talk about free speech. You have no right to attempt to diminiest my viewpoint on this forum for those reasons. I have not shut off anyone or would shut off anyone or tell them their point of view is not worth listening to unless you follow my rules. I simply have reflected my views and have not force the issue on anyone. If I convience only one person on this thread to wear a helmet I am happy. In the case of almost everyone here on this thread to the person each would wear a helmet most or all of the time and feel the need to do so, but still want the choice. I am very glad most are compelled to do so for safety and common sense sake, but we must remember that is their opionion and they should be heard. Not shut off and not taken personally. That is why we listen to viewpoints, take votes, and the majority wins.
.
I was hoping to leave this subject as it is open flame to many and plan to. Going beyond my earlier statement attempting to defend the various statement from everyone having a couterpoint is often fruitless. I was simply expressing my opionions and making a case for the discussion. The subject was helmets and a possible recommendation of an orgainization and not every saftey criteria known to man. Of course everyone should be involved with all aspects of your ten points and beyond. I practice my riding consistently, do the Ride like a pro video obsticle course, alway wear padded saftely gear, etc..etc..etc...I teach my kids the same methods. .SO" NO I am not a one-trick pony" as you may suggest. Could you imagine if I said everyone needed to wear protective gear or pass your criteria before you are allow to ride or seriously listen to..Wouldn't that be fun.....But the subject did not lead itself that direction....
Now on your opionion I should not be allow to voice or properly be listen to unless I pass your 10 point quiz. Talk about free speech. You have no right to attempt to diminiest my viewpoint on this forum for those reasons. I have not shut off anyone or would shut off anyone or tell them their point of view is not worth listening to unless you follow my rules. I simply have reflected my views and have not force the issue on anyone. If I convience only one person on this thread to wear a helmet I am happy. In the case of almost everyone here on this thread to the person each would wear a helmet most or all of the time and feel the need to do so, but still want the choice. I am very glad most are compelled to do so for safety and common sense sake, but we must remember that is their opionion and they should be heard. Not shut off and not taken personally. That is why we listen to viewpoints, take votes, and the majority wins.
.
Banned
Joined: Jan 2007
Posts: 2,301
Likes: 4
From:
RE: NTSB & a New Helmet Law?
Would be nice to see states that have a federal interstate running through them band together.
NO road repairs and no snowplows done with state owned equipment if the feds want to use blackmail by threatening to with hold federal road funds.
NO road repairs and no snowplows done with state owned equipment if the feds want to use blackmail by threatening to with hold federal road funds.
Outstanding HDF Member
Joined: Jul 2007
Posts: 2,609
Likes: 1
From: Indy area
RE: NTSB & a New Helmet Law?
ORIGINAL: Bigredone
Federal regulations are not law. They can only become law if adopted by a state. In other words, you cannot charge a person with a criminal offense using federal regulation code unless the state makes violating the paticular regulation a criminal offense.
Federal regulations are not law. They can only become law if adopted by a state. In other words, you cannot charge a person with a criminal offense using federal regulation code unless the state makes violating the paticular regulation a criminal offense.
Federal law only directly pertains to Federally-governed jurisdictions. Places like Washington, D.C., national parks, territorial waters, etc., but not the states themselves. The way biggest brother wormed their ability to govern within the states themselves was pretty much done with the Uniform Commercial Code, which makes most anything you do in life somehow become "interstate commerce."
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