Nebraska Motorcycle Helmet Law
60-6,279 Protective helmets; required; when. A person shall not operate or be a passenger on a motorcycle or moped on any highway in this state unless such person is wearing a protective helmet of the type and design manufactured for use by operators of such vehicles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion. All such protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading the force of impact. Each such helmet shall consist of lining, padding, and chin strap and shall meet or exceed the standards established in the United States Department of Transportation’s Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycle helmets.
1. Laws 1988, LB 428, § 2;2. R.S.1943, (1988), § 39-6,211;3. Laws 1993, LB 370, § 375.
The list required by section 39-6,212 (transferred to section 60-6,280) acts as a limiting construction of this section by enumerating some of those helmets which meet the criteria of this section; when taken together, the helmet law and list are not vague. Claims that this section violates constitutional rights to due process and equal protection are without merit, since the helmet law implicates neither a fundamental right nor a suspect classification and is rationally related to a legitimate legislative aim. Although the State may promulgate and enforce motorcycle helmet standards only if the state standards are identical to those promulgated by the federal Department of Transportation, the helmet law is constitutional, since the visor requirement is properly severable from the remainder of this section. Robotham v. State, 241 Neb. 379, 488 N.W.2d 533 (1992).
$50 fine plus $25 court cost.
Chapter 60. Motor Vehicles. Article 6. Nebraska Rules of the Road (W) Helmets. Section 60-6, 279. Protective helmets; required; when.:“. . . protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading the force of impact. Each such helmet shall consist of lining, padding, and chin strap and shall meet or exceed the standards established in the United States Department of Transportation’s Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycle helmets.”
We have been unable to uncover any court decision from a court of record, either from the Nebraska Appellate or Supreme Courts, which indicates that the question of whether or not Nebraska’s helmet law is constitutional has not been addressed in the Nebraska State courts.
Legislative Bill 303 Regular Session – First Read 1/13/03 – HELMET LAW REPEAL BILL
Introduced by Smith, 48; Aguilar, 35; Baker, 44; Bourne, 8; Burling, 33; Connealy, 16; Cudaback, 36; Cunningham, 40; Erdman, 47; Jones, 43; Mines, 18; McDonald, 41; Mossey, 3; Quandahl, 31; Redfield, 12; Schrock, 38; Stuthman, 22; Tyson, 19; Vrtiska, 1
A BILL FOR AN ACT relating to motorcycles and mopeds; to amend sections 60-4,128, 60-6,279, 60-2125, 60-2126, 60-2129, 60-2130, and 60-2139, Reissue Revised Statutes of Nebraska, and sections 39-2215, 60-4,115, 60-4,127, 60-4,182, and 60-2131, Revised Statutes Supplement, 2002; to adopt the Motorcycle Safety and Training Act; to change and eliminate provisions relating to motorcycle safety and helmets; to terminate a fund; to provide a penalty; to harmonize provisions; to provide an operative date; to repeal the original sections; and to outright repeal sections 60-2120 to 60-2124, 60-2127, 60-2128, and 60-2132 to 60-2138, Reissue Revised Statutes of Nebraska.
Year Month Day Action Journal Page 2003 Jan. 13 Read first time 113 2003 Jan. 14 Referred to Transportation and Telecommunications Committee 143 2003 Jan. 24 Notice of hearing (2/3) 304 2003 Feb. 12 Placed on General File – Com AM159 (printed separate) 502
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