The Great Northwest Harley Owners Group

Helmets - Love 'em or Hate 'em...

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Part 1

This was supposed to be an article about helmet laws and the rules and reg’s on what constitutes a helmet. However, after trying to get information on what does constitute a helmet, all I can tell you is that somewhere in Olympia is a woman who holds the Equipment Standards, of which this is one. I requested WAC 204-10-040 from Carol Martin on March 29th. She gladly promised to drop it in the mail for me. As of this writing, May 3rd, I haven’t seen anything. So, I will share what (little) information I do have about Washington State Helmet Laws.

The Revised Code of Washington (RCW), 46.37.530 states that a helmet "must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor-driven cycle is in motion."  It goes on to say "the state patrol is hereby authorized and empowered to adopt and amend rules, pursuant to the Administrative Procedure Act…"  and it drones on.

At no time do the RCW’s talk about DOT or Snell, or any other form of testing. I called the State Patrol in Bellevue. The officer I spoke to had no idea about regulations regarding helmets, but he did give me the phone number for Carol Martin in Olympia. I called the State Patrol in Everett. I was told the officer who might be able to help was out. Time being close, I fall back on Ms Martin. I will call her again and perhaps I can complete this article the way I had originally intended. But, just in case, I do have other droplets of info to pass on.

In Timothy Pinnell vs City of Spokane (1996), Judge Richard Schroeder stated that "in adopting the entire regulation the Washington State Patrol has made it impossible for the ordinary citizen to understand what is required to comply…" and so the helmet requirement was rendered "unconstitutionally vague." The case against Mr. Pinnell’s choice of helmet was dismissed. This might come in handy if you find yourself in front of a judge with your beanie’s reputation (and bank account) at stake.

I love the feel of wind in my hair. Of the total freedom of really being out there in the great outdoors. I prefer riding without a helmet. I wear a half helmet for that reason. I find helmets heavy, and I have to turn my head farther (thereby keeping my eyes off the road in front of me longer) to see behind me before I change lanes. I haven’t gone so far as to get a "beanie" or "protest helmet" because I am superstitious enough to believe that if I’m going to the trouble to wear a helmet, I might as well have a safe one. Oxymoron there…safe motorcycle helmet. I do think they are nice when it’s cold. Coming from California, I didn’t need a helmet all year round, and there weren’t any helmet laws when I last rode there in the mid 80’s. Up here, we have some pretty nasty weather at times. Rain stings no matter how slow you’re moving on a bike. Not to mention hail, snow, etc. So, helmets do come in handy up here. I have friends that wear full helmets, and other’s that wear beanies. It’s all a matter of choice.

But as long as you’re moving faster than about 5 miles an hour, something will have to give if your head, body and boots come crashing down. Personally, I would prefer that what gives is the thick padding that my thin shell of a head is wrapped in (the helmet).

Wind in my hair, notwithstanding…it’s a hard choice. Washington State and about 47 other states) have taken that choice away from me – how lucky for me to have other’s make my decisions for me.  Next time for part 2, I will share the information I received from Carol Martin (yes, it finally arrived).

  

  

(Published in June 2001 "Hog Call" by Jackie S.)


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