Rhode Island Motorcycle Helmet Law

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21 Years Old
Rhode Island Motorcycle Helmet Law

STATUTE:

Title 31. Motor and Other Vehicles. Chapter 10.1. Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles. Section 31-10.1-4. Equipment. :“. . . Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to s 31-10.1-1, to wear a helmet of a type approved by said administrator.”

FINE:

Title 31. Motor and Other Vehicles. Chapter 10.1. Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles. Section 31-10.1-4. Equipment. :“. . . Any person deemed in violation of this provision shall be fined thirty-five dollars ($35.00) which shall be paid in accordance with the provisions of chapter 41 of this title.”

STANDARDS:

Title 31. Motor and Other Vehicles. Chapter 10.1. Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles. Section 31-10.1-4. Equipment. :“. . . of a type approved by the administrator of motor vehicles.

COURT DECISIONS:

“As flying objects, such as loose stones kicked up by passing vehicles or windblown tree branches, striking the operator of a motorcycle in the head could cause him to lose control of his cycle and become a menace to other vehicles on the highway, this section bears a reasonable relation to highway safety generally and, therefore, is not unconstitutional as an improper exercise of the police power of the state attempting to protect people from the consequences of their own carelessness.” State ex rel. Colvin v. Lombardi, 104 R.I. 28, 241 A.2d 625 (1968).

“The word “helmet” when considered in the context of this section is sufficiently definite in meaning to prevent this section from being unconstitutional as improper delegation of police power to the registrar on the theory that it would permit regulations calling for helmets of glass, papier-mache, or concrete, useless for the purpose of safety, or require helmets of such materials and construction as to serve only decorative purposes.” State ex rel. Colvin v. Lombardi, 104 R.I. 28, 241 A.2d 625 (1968).

“The registrar may adopt standards and specifications for helmets that have their origin elsewhere if he finds them proper for use in this state and the fact that they originated elsewhere and that he relied on the expertise of others does not amount to a delegation of authority so that a conviction for operating a motorcycle on the highway without wearing a helmet is valid under this section.” State v. Lombardi, 110 R.I. 776, 298 A.2d 141 (1972).

“The conviction of defendants for operating motorcycles on the highway without wearing a helmet is not invalid because the regulations were promulgated without holding a public hearing prior to their promulgation and adoption as there were no requests for a hearing or for notices and notice of the proposed regulations was published.” State v. Lombardi, 110 R.I. 776, 298 A.2d 141 (1972).

CURRENT ACTIVITY:

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

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