Under NRS 486.231, drivers and passengers of motorcycles are required to wear “protective headgear”. “Protective headgear” is defined by NAC 486.015, which adopts the federal standard under 49 CFR sec. 571.218 (Commonly known as “DOT Approved”). So, you would think that the law is clear
that Nevada riders and passengers must wear a helmet with the “DOT” approval sticker- NOT SO FAST!!!
In 2002, Nevada’s Attorney General wrote an official opinion (AGO 2002-41) that specifically states, “a helmet that is missing the ‘DOT’ sticker, but meets the NHTSA standards, may still be legally worn”. The Attorney General goes further to set a minimum investigative standard before a police officer writes a ticket for an alleged non-compliant helmet.
The prosecutor is required to prove any case beyond a reasonable doubt to obtain a conviction. In order to secure a conviction on a helmet violation, the police officer must do a minimum investigation of the helmet and obtain evidence to prove that the helmet does not meet the federal standard (49 CFR sec. 571.218).
So what does this mean for Nevada riders?
If the officer does not do their job correctly, we can beat the ticket. Especially if the officer writes the ticket on the sole grounds that there is not a DOT sticker (for some reason, this happens quite often).
Know your rights and ride safe.
In 2002, Nevada’s Attorney General wrote an official opinion (AGO 2002-41) that specifically states, “a helmet that is missing the ‘DOT’ sticker, but meets the NHTSA standards, may still be legally worn”. The Attorney General goes further to set a minimum investigative standard before a police officer writes a ticket for an alleged non-compliant helmet.
The prosecutor is required to prove any case beyond a reasonable doubt to obtain a conviction. In order to secure a conviction on a helmet violation, the police officer must do a minimum investigation of the helmet and obtain evidence to prove that the helmet does not meet the federal standard (49 CFR sec. 571.218).
So what does this mean for Nevada riders?
If the officer does not do their job correctly, we can beat the ticket. Especially if the officer writes the ticket on the sole grounds that there is not a DOT sticker (for some reason, this happens quite often).
Know your rights and ride safe.
