"This
section is a valid exercise
of police power; standards
as to type of headgear to be
worn are sufficiently
specific; fact that it is
applicable only to highways
where speeds exceed 35 MPH
does not render it
invalid." State v.
Acker, 26 Utah 2d 104,
485 P.2d 1038 (1971).
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 by today's
standards. Things have
changed since 1971. The
definition of
"protective
headgear" is vague;
which means the Utah statute
requiring motorcyclists to
wear "protective
headgear" is vague;
which means the Utah helmet
law is unconstitutional . .
. State v. Acker notwithstanding.