Utah Helmet Laws for Bikers

Title 41. Motor Vehicles. Chapter 6. Traffic Rules and Regulations. Article 15. Miscellaneous Rules. Section 41-6-107.8. Motorcycle or Motor-driven Cycle -- Protective Headgear -- Closed Cab Excepted -- Specifications and Standards. :
"(a) No person under the age of 18 shall operate or ride upon a motorcycle or motor-driven cycle upon a public highway unless such person is wearing protective headgear which complies with standards established by the commissioner of public safety.
"(b) This section shall not apply to persons riding within a closed cab. . . ."

STANDARDS:

Title 41. Motor Vehicles. Chapter 6. Traffic Rules and Regulations. Article 15. Miscellaneous Rules. Section 41-6-107.8. Motorcycle or Motor-driven Cycle -- Protective Headgear -- Closed Cab Excepted -- Specifications and Standards. :
"(c) The commissioner of public safety is authorized to promulgate and enforce specifications and standards for the use of protective headgear required herein."

COURT DECISIONS:

"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.

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