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Tuesday, October 5, 2010

Idaho motorcycle helmet statute

OFF THE WIRE
The Idaho helmet law statute, which is applicable to those under 18, and those who carry passengers under 18, is abbreviated as 46-666, and is found in the Idaho statutes at
Title 49, Chapter 6, Rules of the Road, Section 666

Here is the link to the helmet statute: http://www3.state.id.us/cgi-bin/newidst?sctid=490060066.K
All other sections of Title 49 Chapter 6: http://www3.state.id.us/idstat/TOC/49006KTOC.html

49-666. MOTORCYCLE, MOTORBIKE, UTV AND ATV SAFETY HELMETS -- REQUIREMENTS
AND STANDARDS.

No person under eighteen (18) years of age shall ride upon or be permitted to operate a motorcycle, motorbike, utility type vehicle or an all-terrain vehicle unless at all times when so operating or riding upon the vehicle he is wearing, as part of his motorcycle, motorbike, UTV or ATV equipment, a protective safety helmet of a type and quality equal to or better than the standards established for helmets by the director, except the provisions of this section shall not apply when such vehicles are operated or ridden on private property, or when used as an implement of husbandry.

What STANDARD does this statute refer to, and where can it be located?

The statute says "a protective safety helmet of a type and quality equal to or better than the standards established for helmets by the director".

The first step in determining whether or not Idaho has adopted a standard for motorcycle helmets, is to define what the statute means by "the director". The answer is the Director of State Police per the following.

Title 49 Chapter 105 Definitions:
"Director" means the director of the Idaho transportation department, except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the director of the Idaho state police.

In search of any helmet standard adopted by Idaho
As of this date, 9/21/2009, an internet search of the Director of State Police web site failed to provide any published standard for motorcycle helmets, as required to enforce the statute. A phone call to the office of the Director of State Police resulted in an email from the office of the Director of State Police with additional information.

[Note: jan has, on file, an email from Susan Saint dated 9/21/2009, with information from Jenny Grunke, an attorney in that office. The question was, what are the standards adopted by Idaho for motorcycle helmets, and what is the penalty for any failure to comply?]

No helmet standard
Here is the answer from Jenny Grunke, attorney at the office of the Director of State Police, when asked for the location of the motorcycle helmet standard currently adopted by Idaho, if any is published, and any penalty:

49-1501. Infraction citation - Issuance.
A peace officer or authorized employee of the Idaho transportation department may issue an Idaho uniform citation for any infraction violation of the provisions of chapters 3, 4 and 6 through 9 of this title, or any other section of this title for which an infraction penalty is specifically provided, in which he shall certify that he has reasonable grounds to believe and does believe, that the person cited committed the infraction contrary to law.

18-113A. Punishment for infraction.
Every offense declared to be an infraction is punishable only by a penalty not exceeding one hundred dollars ($100) and no imprisonment.

Conclusion
Idaho allows riders over 18 to decide for themselves, which is the way it should be. Idaho has not published any standard for motorcycle helmets,