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Helmet
Laws in Alaska
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AGE
REQUIREMENT MOTORCYCLE
HELMET LAW IN ALASKA |
STATUTE:
Chapter
35. Miscellaneous
Provisions. Article 5.
Miscellaneous Offenses. Sec.
28.35.245 Motorcycle
Helmets.:
"
. . . (b) A person who is
18 years of age or older
may not be required to
wear a helmet while
operating a motorcycle if
the person is the holder
of a license or
endorsement to operate a
motorcycle "(Approved
by the Governor: June 25,
1996.)
STANDARDS:
Title
28. Motor Vehicles. Chapter
05. Administration. Article
2. Vehicle Equipment
Standards. Section 28.05.081
Approval of vehicle
equipment.
"(a)
When the commissioner
has reason to believe that
vehicle equipment being
sold commercially in the
state does not comply with
the requirements of this
title or regulations
adopted under this title
or other statutes and
regulations, the
commissioner may, after
giving 30 days notice to
the person holding the
certificate of approval
for the equipment in this
state, conduct a hearing
upon the question of
compliance of the
equipment. After the
hearing, the
commissioner shall
determine whether the
equipment is in compliance.
If the equipment is not in
compliance with the law,
the commissioner shall
give notice of that fact
to the person holding the
certificate of approval
for the equipment in this
state.
"(b)
If, at the end of 90 days
after the notice of
noncompliance given under
(a) of this section, the
person holding the
certificate of approval
for the vehicle equipment
has failed to satisfy the
commissioner that the
equipment as sold after
the 90 days is in
compliance with the law,
the commissioner shall
suspend or revoke the
approval issued for the
equipment until the
equipment is resubmitted
to, and retested by, a
testing agency approved by
the commissioner and is
found to be in compliance
with the law. The
commissioner may, at the
time of retest, purchase
in the open market and
submit to the testing
agency one or more sets of
the equipment. If the
equipment upon retest
fails to comply with the
law, the commissioner may
refuse to renew the
certificate of approval of
the equipment.
"(c)
After January 1, 1978, a
motorcycle helmet may not
be manufactured or sold in
this state that does not
conform to standards
established in regulations
adopted by the
commissioner.
These regulations must
provide for helmets that
allow normal peripheral
vision and hearing and
minimize neck injuries to
the wearer potentially
caused by the helmet. For
the purposes of this
section and AS
28.05.011(2), a motorcycle
helmet is considered to be
vehicle equipment."
COURT
DECISIONS:
We
have been unable to uncover
any court decision from a
court of record, either from
the Alaska Appellate or
Supreme Courts, which
indicates that the question
of whether or not Alaska's
helmet law is constitutional
has not been addressed in
the courts.
RELATED
LINKS:
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