Request from Louisiana

OFF THE WIRE
Date: 2/26/2010
From: SudsFXSTC@aol.com

I'm sure we've all had out of state tickets in which we thought was a racket. Since lots of Texans, especially East Texans go to Louisianna from time to time. I thought maybe we should include this in the newsletter with some contacts. The tourism statistics should count also. Apparently the state fine for a non-DOT approved helmet is $50, and some Parishes and Municipalities exceed that fine.
Respect... ~Suds

Thunder Roads Magazine Louisiana is Requesting Your Assitance
FORWARDED MESSAGE---
Attention Louisiana Motorcyclists:

Being involved as I am with Thunder Roads Magazine LA, I have been approached on many occasions from fellow riders who have shared their experiences after been stopped by law enforcement and ticketed for wearing a "Non-DOT Helmet". I have also learned that these tickets have been issued with a fine ranging from $75, upwards to $175.
Louisiana's Revised Statute, RS 32:190 can be found here: http://www.legis.state.la.us/lss/lss.asp?doc=88170
In the statute, the law states REQUIREMENTS for the HELMETS, specifically as follows:
A) No person shall operate or ride upon any motorcycle, motor-driven cycle, or motorized bicycle unless the person is equipped with and is wearing on the head a safety helmet of the type and design manufactured for use by operators of such vehicles, which shall be secured properly with a chin strap while the vehicle is in motion. All such safety helmets shall consist of lining, padding, visor, and chin strap and shall meet such other specifications as shall be established by the commissioner.
Additionally in the statute, the law also states REQUIREMENT for the FINE for violators of the helmet law as follows:
F) Any person who violates any provision of this Section shall upon conviction be fined fifty dollars which shall include all costs of court. Notwithstanding any contrary provision of law, no other cost or fee shall be assessed against any person for a violation of this Section.
After the Helmet Law was repealed, Louisiana State Police a couple days later put out a PSA stating the Revised Statute is clearly evident that helmets must be DOT Approved. The link is here: http://www.bikersrights.com/states/louisiana/default.html
I am currently in communication with Representative M.J. "Mert" Smiley, Jr. who is an avid fellow motorcyclist and has expressed deep concern over the feedback from our readership experiencing these citations. He is very interested in learning more of what is happening regarding the enforcement of the helmet law and especially the fines exceeding the $50 stated fine. Representative Smiley is looking forward to hearing back from me on my results. We are aware this info will take some time to organize.
So with this in mind, I am formally requesting from the Louisiana Motorcycling Community that if you have in the past on up to recently been issued a citation for a "Non-DOT Helmet", I would like to hear from you via email or fax. This can include being stopped, but issued a warning instead of a citation. What I specifically need to know will be:
1) Issuing Agency (LSP Troop Division, Parish of Sheriff, City of Police )
2) Town in which ticket was given
3) If another citation written other than helmet or if citation for helmet only
4) If passenger present and if issued citation as well
5) Were you allowed to leave with alleged Non-DOT helmet or forced to provide one before leaving
6) Amount of Ticket
7) Did you pay the fine or go to court to fight the citation (if so, what was the result)
8) Your name, phone number and residence (this info will not be shared with anyone, it will only be used for verification purposes only - Unfortunately, I cannot use anonymous emails and claim validity of the experience).
NOTE: Please understand, I am not looking for opinion on this issue, only those experiences actually dealing with enforcement of the helmet law. Please submit info based on the 8 requests.
I will compile your responses and submit the research to Rep. Smiley for his assistance in determination of future discussions regarding enforcement of Louisiana 's current Helmet Law, RS 32:190. I will also follow up this in an article (or additional follow up articles) as new informations develop. In the meantime, I respectfully request you take a moment to forward this email to all of your riding friends or use it as a topic during your next organizations meeting. I will have this request in our March issue also. We hope to get quick responses from as many riders as possible that have been affected.
While I respect the positives acknowledged through the use of approved helmets and the riders who choose to honor that choice (along with the organizations that work support the helmet law as well as motorcycle safety), they key for me and many others in our community is still choice. And regardless of one's convictions on the matter, the letter of the law is NOT clear on the type of helmet which leaves judgment to the streets instead a formal yet concise law. And the fact that riders are being charged more than the specified fine is unconstitutional and should be deemed against the law to charge more that what is written in the law. The LA Motorcycle Community needs to stand united in this as this is a Very Important Issue that needs to be addressed. The circumstances of periodically enforcing a vague law and charging fines over what is clearly stated in said law cannot continue to confuse the riding public. I also want to state that this pursuit of clarity is not a reflection to work against the Law Enforcement agencies throughout the state. I feel this effort benefits both sides of the issue. I look forward to your particpation in distributing this request, spreading the word throughout Louisiana and those who would be gracious enough to indulge my request for info regarding citations, to support others who have shared their experiences with us and our readership. Thanks for your time, effort and support!
Ride Safe, Ride Free, but just Ride! God Bless America, our Troops and Their Families!

Respectfully,
Dwayne "Nappy" Chauvin
State Editor/Owner
Thunder Roads Magazine LA
985-594-TRML
985-594-4322 (fax)
http://us.mc339.mail.yahoo.com/mc/compose?to=nappy69@bellsouth.net
http://www.thunderroadslouisiana.com/