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Helmet
Laws in New Jersey
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MANDATORY
MOTORCYCLE HELMET LAW IN
NEW JERSEY |
STATUTE:
Title
39. Motor Vehicles and
Traffic Regulations.
Subtitle 1. motor Vehicle
and Traffic Laws. Chapter 3.
Motor Vehicles. Article 3.
Equipment. Section
39:3-76.7. Protective Helmet
of Proper Size To Be Worn By
Operator and Passenger . . .
:
"a.
No person shall operate or
ride upon a motorcycle
unless he wears a securely
fitted protective helmet
of a size proper for that
person and of a type
approved by the director.
. . ."
FINE:
"NJ
statute dictates a fine not
exceeding $25 for violation
of the helmet
"law". And, as you
know, no points are issued.
As a matter of fact,
basically all statutes that
fall under Article 3 of the
Motor Vehicle code in NJ are
non-moving violations and
are NOT subject to
points." --Dave
DeCillis
STANDARDS:
Title
39. Motor Vehicles and
Traffic Regulations.
Subtitle 1. motor Vehicle
and Traffic Laws. Chapter 3.
Motor Vehicles. Article 3.
Equipment. Section
39:3-76.7. Protective Helmet
of Proper Size To Be Worn By
Operator and Passenger . . .
:
"The
director is authorized and
empowered to adopt rules
and regulations covering
the types of helmets and
the specifications
therefore and to establish
and maintain a list of
approved helmets which
meet the specifications as
established hereunder. For
the purposes of this
section, motorcycle shall
not include any
three-wheeled motor
vehicle equipped with a
single cab with glazing
enclosing the occupant,
seats similar to those of
a passenger vehicle or
truck, seat belts and
automotive steering.
b.
The director shall not
assess motor vehicle
points for the failure of
a motorcycle operator or
rider to wear a protective
helmet.
COURT
DECISIONS:
We
have been unable to uncover
any court decision from a
court of record, either from
the New Jersey Appellate or
Supreme Courts, which
indicates that the question
of whether or not New
Jersey's helmet law is
constitutional has not been
addressed in the courts.
CURRENT
ACTIVITY:
Sept
5 - 7 2003
- Freedom Ride from MA to PA
to celebrate PA's Adult
Freedom of Choice WIN and to
promote awareness for
Freedom of Choice for ALL
riders in MA, NY and NJ.
10/30/01
- Helmet Law Suspended!
Monmouth County Superior
Court ruled in Buist/Mackey
vs NJ that the NJ Helmet law
was unenforceable and
suspended enforcement
pending adoption of federal
specifications, until which
riders will not legally have
to wear a helmet per Jerry
Friedman,
the attorney who argued the
case.
6/8/00
- S-532 passed in the
NJ Senate. This bill will
make helmets optional for
riders over 21 who have
either been licensed for at
least two years or have
completed a training course.
The bill is now in the Law
and Public Safety committee.
From there it goes to the
Assembly.
Letter writing campaign. See
http://redgar.homepage.com/njhelmetlaw.html
WEBSITES:
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