Court Ruling Clarifies Virginia's Helmet Law
The
Court of Appeals has issued a ruling today which clarifies the
requirements of Section 46.2-910 of the Code of Virginia. This section
governs, among other things, the wearing of motorcycle helmets by
motorcyclists on the roadways of the Commonwealth. This article is not
meant to advocate any position on the issue of mandatory helmet
statutes. It is intended to inform each reader about the current state
of Virginia law.
As
many of you know, in August of 2011 a number of motorcyclists were
detained at the Virginia Beach Bike Classic and given citations for not
wearing a motorcycle helmet. Each person cited was in fact wearing a
helmet, but it was the opinion of the charging officer that the helmet
did not conform to Virginia law because it was not labeled as meeting
Department of Transportation (DOT) standards. Our firm agreed to
represent these individuals at no cost since it has long been our
position that Virginia Code, as currently written, does not require that
a helmet be labeled, marked, or certified by any entity, much less
DOT.
To
make a long story short, fifteen individuals ended up being convicted
in the Virginia Beach Circuit Court. We appealed all fifteen cases to
the Court of Appeals of Virginia (CAV). The cases were argued in May of
this year and today the CAV issued its opinion reversing and dismissing
twelve of the fifteen convictions. In two of the cases in which the
convictions were affirmed the evidence indicated that the defendant made
incriminating statements indicating knowledge that the helmet was, in
fact, an improper helmet. Those of you who have attended any of my
lectures know that this violates my rule on not making statements during
such encounters (Remember Rule # 1 – JUST SHUT UP – now back to our
regular program). In the remaining case in which the court affirmed the
conviction the defendant’s helmet contained a label identifying the
helmet as a “novelty helmet” that “wasn’t for use on the road.” Now I
am not going to advise any of you regarding the type of helmet that you
should wear. I will, however, highly advise that you not wear a helmet
containing that or any similar label.
It
is the language pertaining to the twelve cases that were reversed that
clarifies Virginia law. For decades law enforcement has operated under
the premise that Virginia law requires that all motorcycle helmets be
labeled as meeting DOT specifications. The court made it clear that
there is no such requirement under Virginia law. Section 46.2-910
requires that a motorcycle helmet meet or exceed the standards and
specifications of the Snell Memorial Foundation, the American National
Standards Institute, Inc., or the federal Department of Transportation.
That is the extent of the requirements under the statute. The standards
are testing standards and not construction standards. Therefore it is
the burden of the government to show that the helmet fails to meet each of the three standards.
In
analyzing the statute the court concluded that the lack of labeling is
not proof that the helmet fails to meet or exceed each of the
standards. The court specifically stated that “there is no requirement that [helmets] be marked or labeled in accordance with any safety standard.” (Emphasis added).
This
decision settles a long standing debate within both the legal and
motorcycling community. Virginia law does not require that motorcycle
helmets be labeled. That being said the General Assembly meets again in
January and who knows what evil (or good depending on your point of
view) lurks in the hearts of men (and women). Those of you who remember
that last quote, minus the parenthesis, just demonstrated your age.
Should you wish to read the actual opinion you may do so at the following link:
http://www.courts.state.va.us/opinions/opncavwp/1805111.pdf
As
usual if you have any questions or comments concerning anything that I
have written please do not hesitate to contact me. Until next time I
wish everyone great riding.
Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com
