No Helmet Law

Illinois



Illinois is 100% Helmet Law Free!

STATUTE & CURRENT STATUS:

There is no helmet law statute in Illinois at this time. But there have been attempts in 2010 (SB 2535 and SB 2536) which failed to pass. But the Safety Nannies are back at it this year with House Bill 0285 sponsored by Rep. Mary Flowers, introduced on 1/2711. It provides for 26 year olds and younger to wear helmets and was. Please contact Rep. Flowers' office an let your feelings be known, politely please. Let's keep Illinoise a FREE state!

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 is violative of 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:


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. See Legislative Update and list of committees and legislators.

If you know of any current activity regarding efforts to remove or otherwise amend Illinois's helmet law, in the Legislature or the Courts, please e-mail that information to us so we can update this site. Thanks.


WEBSITES:


-- DISCLAIMER --

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