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Helmet
Laws in Illinois
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NO
MOTORCYCLE HELMET
LAW IN ILLINOIS |
STATUTE:
There
is no helmet law statute
in Illinois.
FINE:
There
is no fine.
STANDARDS:
In
that Illinois 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:
"This
paragraph which
prohibits riding as a
passenger on a
motorcycle without
glasses, goggles, or
transparent shield is
not patently
unconstitutional." People
v. Henninger , App.
4 Dist.1975, 28
Ill.App.3d 557, 328
N.E.2d 580.
"Classification
of motorcyclists
separately from
operation of other motor
vehicles by former
Section 189c of former
chapter 95 1/2 (now this
section) requiring
operator and passengers
of motorcycle to wear
protective headgear was
reasonable and did not
violate equal protection
clause of U.S.C.A.Const.
Amend. 14." People
v. Fries , 1969, 42
Ill.2d 446, 250 N.E.2d
149.
"Paragraph
(a) (now deleted) of
former Section 189c of
former chapter 95 1/2
(now this section)
requiring operators of
motorcycles and every
passenger thereon to
wear protective headgear
had as its purpose the
safeguarding of the
person wearing the
headgear and involves
essentially matter of
personal safety and was
beyond police power of
legislature and violates
the U.S.C.A.Const.
Amend. 14."
People v. Fries ,
1969, 42 Ill.2d 446, 250
N.E.2d 149.
"Legislation
intended to protect
persons in other
vehicles from danger
created by motorcycle
out of control was
within police power of
the state." People
v. Fries , 1969, 42
Ill.2d 446, 250 N.E.2d
149.
COMMENTARY:
Apparently
what happened was that
in 1968, Illinois put in
a helmet law like all
the other states (except
California), but when
the statute was
challenged in court, the
Illinois Supreme Court
ruled the law an abuse
of the police power, and
therefore void because
it was unconstitutional.
However,
in 1986, in the matter
of People v. Kohrig ,
113 Ill.2D 384, 498
N.E.2D 1158, 101 Ill.Dec.
650, the Fries decision
was seemingly set aside
by a different group of
judges over a seat belt
case decision. Illinois
motorcyclists may want
to keep close track of
their Legislature to
make sure that they
don't slip in another
helmet law for Illinois.
RELATED
INFORMATION:
Illinois
Just Says No!
- This article was
forwarded to me from
ABATE of Illinois. They
had a Senator in Iowa
make similar statements
about them last year.
This is what can be
accomplished if people
stay focused, don't
compromise and work
together.
CURRENT
ACTIVITY:
Mar
2001
- Illinois Under
Attack: 4 bills have
been introduced to enact
helmet laws. House
Helmet Bills: HB-3255
is for all riders. HB-3084
is for all riders under
18. Senate Helmet Bills:
SB-1325 is for
all riders and SB-1326
is for those under 18.
All bills go before
various committees.
WEBSITES:
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