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Helmet
Laws in Idaho
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AGE
REQUIREMENT
MOTORCYCLE HELMET
LAW IN IDAHO |
STATUTE:
Title
49. Motor Vehicles.
Chapter 6. Rules of the
Road. Section 49-666 :
(666?)
"No
person under eighteen
(18) years of age
shall ride upon a
motorcycle as operator
or passenger, upon any
highway, unless at all
times when so
operating or riding
upon the vehicle he is
wearing, as part of
his motorcycle
equipment, a
protective safety
helmet of a type and
quality equal to or
better than the
standards established
for helmets by the
director."
STANDARDS:
We
are aware of what
standard Idaho uses to
define "protective
safety helmet".
Apparently the
"director"
approves Idaho's
so-called safety
equipment.
COURT
DECISIONS:
"This
section created no
unconstitutional
imbalance between the
personal liberty of the
individual and the
interests of society in
general and did not deny
the defendant equal
protection of law or due
process, nor was it an
infringement of
fundamental liberty, of
his privacy and right to
be let alone." State
v. Albertson, 93
Idaho 640, 470 P.2d 300
(1970).
NOTE:
This decision has to do
with the limited question
of the State's right to
impose safety regulation
on individuals under the
police powers, and not
on the subject of
unconstitutional
vagueness. In other
words, the definition of
"protective safety
helmet" is vague;
which means the Idaho
statute requiring
motorcyclists to wear a
"protective safety
helmet" is vague;
which means the Idaho
helmet law is possibly
unconstitutional . . .
State v. Albertson
notwithstanding.
CURRENT
ACTIVITY:
September
16, 1996
The
Governor's Medicaid
Reform Advisory Council
put out a Proposed
Principles for Reform
Draft. Principle no. 2
Section 2.11 reads:
"Propose
amendment to state
legislation to expand
the existing helmet
law, including
mandating helmet use
for all persons on
motorcycles, off-road
vehicles, and
snowmobiles, and for
children on
bicycles."
There
were three Senators and
three Representatives on
this council, along with
Claims Bureau Chief from
the State Insurance
Fund, a County
Commissioner, a Mayor, a
Professor of Business
from Idaho State
University and many
others.
WEBSITES:
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