Mandatory Helmet Law

Georgia



STATUTE:

Title 40. Motor Vehicles and Traffic. Chapter 6. Uniform Rules of the Road. Article 13. Special Provisions for Certain Vehicles. Part 2. Motorcycles. Section 40-6-315 Headgear and eye-protective devices for riders. :

FINE:

7/12/00. The following was copied from documents relating to current legislation before the Georgia Legislature:

A person failing to comply with the requirements of this Code section, upon conviction of such offense, be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case to the Department of Public Safety."

STANDARDS:

Title 40. Motor Vehicles and Traffic. Chapter 6. Uniform Rules of the Road. Article 13. Special Provisions for Certain Vehicles. Part 2. Motorcycles. Section 40-6-315 Headgear and eye-protective devices for riders. :

NOTE: The law is contingent on a "list" adopted by the Board of Public Safety. In the absence of a "list" of helmets approved by the Board of Public Safety, there is no foundation for a helmet law in Georgia!

COURT DECISIONS:

"This Code section is a valid exercise of police power." Ritter v. State, 258 Ga. 551, 372 S.E.2d 230 (1988).

(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 headgear" is vague; which means the Georgia statute requiring motorcyclists to wear "protective headgear" is vague; which means the Georgia helmet law is unconstitutional . . . Ritter v. State notwithstanding.) And sure enough...



CURRENT ACTIVITY:

SB 192 - no recent activity


RECENT ACTIVITY:

SB 192 - 2/14/01 - read in Senate and referred to committee. A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of GA Annotated, relating to headgear and eye-protective devices for riders of motorcycles, so as to provide an exception from the protective headgear requirements of said Code section for motorcycle operators who are 18 years of age or older and who meet certain other criteria; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 184 - 4/27/01 - Vetoed by Governor!


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-- DISCLAIMER --

The foregoing is provided as educational information only and is not legal advice.