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Saturday, November 13, 2010

Delaware Helmet Rule Proposal

OFF THE WIRE
BY JAN,
What I came up with, is just in case the State plans to mount an offensive, the best defense is a good offense. Get prepared to hit them with preventative legislation first.
I don't know if it works the same way in Delaware, but in North Carolina, legislation needs a sponsor from the General Assembly to introduce a bill. If the Delaware and regional bikers can mount a show of unity, any thoughts of trying to introduce harsher enforcement or universal mandates might be dashed. Even if it is not a repeal bill, you can try for a bill that protects motor vehicle owners / consumers from being held criminally responsible for complying with FMVSS or other standards beyond the control of consumers.

For example, a "No shifting of responsibilty from manufacturers to consumers" legislative proposal might get them to realize the proper role of government is not to criminalize everyone who drives a Toyota, for example. Such a bill might establish the proper role of state government as to how they work with the federal government when a manufacturer introduces a faulty product. Make the wording such that consumers are not to be held to FMVSS. Do it right and you won't even need to use the word motorcycle or helmet - that way you may be able to get public support and supportive media attention.

On 11/11/2010 11:06 PM, Hildy wrote:
TO ALL,
The following site is a proposal by the state of Delaware, some of you have seen and read it, that I am trying to fight. I have received a lot of input and am very appreciative for the education and discussion. It is my goal to try and work this rule to the best advantage for bikers that can possibly be worked and then of course attack the final product judicially.

http://regulations.delaware.gov/register/november2010/proposed/14%20DE%20Reg%20432%2011-01-10.htm

I seriously feel confident at this point that there is no threat legislatively to mandate helmets and as a biking movement in Delaware, unless federal dollars come into play, no mandatory helmet legislation could pass either legislative chambers.

What concerns me is that after 32 years of living in harmony the state has taken an aggressive posture to start enforcing the law which requires the Secretary of Safety and Homeland Security to approve the type of helmet(s) we have to carry on our bikes.

They arbitrarily started ticketing anyone not having a DOT certified helmet. I took them to task through the freedom of information act and they admitted they had no approved list. Thus the proposed new rule. If there is no way to change what they are proposing then of course the fight about DOT certification etc. is on.

What I am asking from BOLT is strategy. What is the best approach, the best way to proceed?

Hildy