STATUTE:

There is no helmet law statute in Colorado.

STANDARDS:

In that Colorado does not have a helmet law, the only standards for helmets are the standards imposed on manufacturers and distributors of helmets -- Federal Motor Vehicle Safety Standard 218 -- which is as it should be.

COURT DECISIONS:

"To be constitutional, it was not necessary that there be a more substantial relationship between statute requiring motorcyclists to wear protective headgear and the public health, safety and welfare than that provided by the test of mere reasonableness." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"In absence of proof that certain events could not cause motorcyclists, unprotected by helmets, to lose control of their vehicles and cause injury to others on or near the public highway, plaintiffs failed to meet burden of proving that statute requiring motorcyclists and their passengers to wear protective headgear bore no reasonable relationship to the public health, safety, and welfare." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Fact that, as an alternative to statute requiring motorcyclists to wear protective headgear, legislature might have required motorcycle manufacturers to place windshields on motorcycles did not affect constitutionality of statute." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Statute requiring motorcyclist to wear protective helmet and goggles, face shield, or safety glasses was reasonably related to the public health, safety, and welfare of the rest of the motoring public and was, therefore, a valid exercise of the state's police power." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Statute requiring motorcyclists to wear protective headgear was not an unconstitutional burden on freedom of movement and the right to travel." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Legislature, in imposing requirement that motorcyclists wear protective headgear, was justified in treating motorcycles as a distinctive class apart from other motor vehicles." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"In action to declare statute requiring motorcyclists to wear protective headgear, unconstitutional evidence did not support contention that helmets as such do not prevent accidents, but rather interfere with proper operation of a motorcycle." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

RELATED INFORMATION:

Senator Ben Nighthorse Campbell - And Happy New Year! Senator Campbell was appointed to the Senate Trans Committee in Washington DC (1/13/99). This is a REALLY big coup for motorcyclists nationwide. At last we have a respected voice and long time rider right where we need one! Congratulations Senator!

WEBSITES:

• Colorado State Legislature
• Colorado DMV