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Helmet Requirements

 as per NHTSA Regulations

    Here are some things to remember: 

1.   Don’t volunteer any information. Avoid chit-chat, as you may say the wrong thing.

2.    Always refer to your headgear as a “safety-helmet”.

3.   Do not admit knowledge of committing any violation.

4.   If questioned, tell the officer you believe your helmet complies with current NC law.

5.   Ask the reason you were pulled over (probable cause).

6.   Ask the officer exactly how and why he concluded the    helmet law had been violated.

7.   If threatened with being detained; ask what legal authority there is to prevent you from proceeding without a different helmet, and/or for impounding the bike.

8.   If the officer continues to detain you, ask the officer, “Am I under arrest?”

9.   Remember to be respectful and courteous. In the majority of traffic stops, the officer is just doing his job… enforcing the law.

As soon as possible, after departing the scene, pull over and write the details of the incident down. Call 919-662-6229 and report the incident.

This is an excerpt of the House Bill enacted into law regarding the new guidelines for safety helmets

SESSION LAW 2007-360

HOUSE BILL 563

AN ACT to make changes in motor vehicle law regarding what "public service vehicle" means, changing the word STOPLIGHT to traffic signal, changing the time allowed for removal of a vehicle from a public highway or rest area, AUTHORIZING LOCAL GOVERNMENTS TO ADOPT ORDINANCES REGULATING DEMONSTRATIONS ON STATE ROADS AND HIGHWAYS, AND THE WEARING OF A SAFETY HELMET BY USE OF A RETENTION STRAP. 

The General Assembly of North Carolina enacts: 

============================== / / / / / / ========================================

SECTION 7.  G.S. 20‑140.4 reads as rewritten:

"§ 20‑140.4.  Special provisions for motorcycles and mopeds.

(a)       No person shall operate a motorcycle or moped upon a highway or public vehicular area:

(1)       When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.

(2)       Unless the operator and all passengers thereon wear safety helmets of a type approved by the Commissioner of Motor Vehicles.on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.

(b)       Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.

(c)       Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20‑135.2A(e) and (f)."

 SECTION 8.  Section 7 of this act becomes effective January 1, 2008. The remainder of this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 23^rd day of July, 2007.

 Representatives  

 Marc Basnight                                             President Pro Tempore of the Senate  

Joe Hackney                                                Speaker of the House of  

Michael F. Easley                                        Governor

 Approved 12:40 p.m. this 17^th day of August, 2007

General Assembly of NC Session 2009 H.839
Short Title: Require Safety MC Helmets/Under 21 Only (Public)
Sponsors Representatives Current and his co sponsors: Burris-Floyd, Hilton
and Sager

A BILL TO BE ENTITLED AN ACT TO REQUIRE ANY PERSON RIDING ON A
MOTORCYCLE WHO IS LESS THAN TWENTY-ONE YEARS OF AGE TO
WEAR A SAFETY HELMET
The General Assembly of NC enacts:
SECTION 1 GS 20-140.4 reads as rewritten
Special provisions for motorcycles and mopeds
(a) No person shall operate a motorcycle or moped, upon a highway or public
vehicular area:
(1) When the number of persons upon such motorcycle or moped, including
the operator shall exceed the number of persons it was designed to carry.
(2) Unless the operator and all passengers thereon wear on their heads, with a
retention strap properly secured, safety helmets of a type that complies with
Federal Motor Vehicle Safety Standard (FMVSS) 218 This subdivision does not
apply to operators and passengers who are 21 years of age or older.
(b) Violation of any provision of this section shall not be considered negligence
per se or contributory negligence per se in any civil action

(c) Any person convicted of violating this section shall have committed an
infraction and shall be fined according to GS 20-135.2A(e) and (f). not more
than fifty dollars ($50.00). This offense is an offense for which a defendant may
waive the right to a hearing or trial and admit responsibility for the infraction
pursuant to GS 7A-148. No drivers license points, insurance surcharge or court
costs shall be assessed as a result of a violation of this section.
SECTION 2 This act becomes effective December 1, 2009, and applies to
offenses committed on or after that date.

** These legislators deserve a “Thank You for H. 839 – Require Safety MC
Helmets/Under 21 Only.” Please contact the two principle sponsors, Bill Current
® of Gaston county, and Dewey Hill (D) of Brunswick and Columbus counties;
and the three co-sponsors, Pearl Burris-Floyd ® of Cleveland and Gaston
counties, Mark Hilton ® of Catawba county, and Efton Sager ® of Wayne county
– and express your thanks. Please also contact YOUR N.C. house member
and ask them to support and/or co-sponsor this bill!

BillcCurrent@ncleg.net
Pearl.Burris-Floyd@ncleg.net
Dewey.Hill@ncleg.net
Mark.Hilton@ncleg.net
Efton.Sager@ncleg.net