Arkansas Motorcycle Helmet Law

image21 Years OldArkansas Motorcycle Helmet Law

STATUTE:

Chapter 20, Operation of Motorized Cycles; Subchapter 1. Motorcycles, motor-driven cycles, and motorized bicycles; Section 27-20-104 Standard equipment required . . . (b) :

“All passengers and operators of motorcycles and motor-driven cycles used upon the public streets and highways of this state shall be equipped with the following equipment under standards set forth by the Office of Motor Vehicle of the State of Arkansas:

(1) Protective headgear unless the person is twenty-one (21) years of age or older; and

(2) Protective glasses, goggles, or transparent face shields.

FINE:

The fine according to Pope County is $100.00.

STANDARDS:

27-20-104 Standard equipment required . . . (b) :

    ” . . . standards set forth by the Office of Motor Vehicles of the State of Arkansas . . .”

COURT DECISIONS:

“Since this section bears a reasonable, real, and substantial relation to the public health, safety, and welfare, it is constitutional as a valid exercise of the police power of the state.” Penney v. City of North Little Rock, 248 Ark. 1158, 455 S.W.2d 132 (1970).

(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 Arkansas statute requiring motorcyclists to wear “protective headgear” is vague; which means the Arkansas helmet law is unconstitutional . . . Penney v. City of North Little Rock notwithstanding.)

RELATED INFORMATION:

Arkansas Helmet Repeal – First repeal in 14 years!!!

CURRENT ACTIVITY:

HB 1024 – 2/8/03 – failed in committee! R.I.P.

HB 1024 – 1/13/03 – Rep. Bledsoe has submitted a bill to rescind Freedom of Choice of persons 21 and over by revising Arkansas Vehicle Code 27-20-104(b)1 to require that ALL Riders wear helmets. The Bill is currently in committee… there is a ‘grass-roots’ movement to get signatures on a support petition to strike-down the bill and not change the current law. DO NOT LOSE YOUR FREEDOM of CHOICE: GET INVOLVED!

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