Motorcycle helmet law

[dmansoc]

What is the name of your state (only U.S. law)? New York

I was given a ticket today for riding my motorcycle with the helmet shield up. I cannot find any information on this and it appears he has placed the violation under the same catagory as talking on a cell phone. Can anyone please inform me if I can fight this or what the fine will consist of?

Thank you

[Stevef]

Originally Posted by dmansoc

What is the name of your state (only U.S. law)? New York

I was given a ticket today for riding my motorcycle with the helmet shield up. I cannot find any information on this and it appears he has placed the violation under the same catagory as talking on a cell phone. Can anyone please inform me if I can fight this or what the fine will consist of?

Thank you

[url]http://www.nysgtsc.state.ny.us/mcyc-ndx.htm#eyewear[/url]

Section 381 of the Vehicle and Traffic Law requires any person operating or riding a motorcycle to wear goggles or a face shield of a type approved by the commissioner. All motorcycle operators must wear approved eye protection even if the motorcycle is equipped with a windshield. Any windshield must also be of an approved type. Prescription or made-to-order safety glasses may be used if the user can present written certification that they meet DMV standards. The eye protection must be manufactured in conformity with the regulations issued by the Vehicle Equipment Safety Commission (VESC-8). However, the DMV recommends approved goggles or a face-shield for full protection.

The law also states it shall be unlawful to sell, offer for sale or distribute any goggles or face shields for use by the operators of motorcycles unless they are of a type and specification approved by the commissioner.

[You Are Guilty]

Originally Posted by dmansoc

What is the name of your state (only U.S. law)? New York

I was given a ticket today for riding my motorcycle with the helmet shield up. I cannot find any information on this and it appears he has placed the violation under the same catagory as talking on a cell phone. Can anyone please inform me if I can fight this or what the fine will consist of?

Thank you

The law exists and has already been cited for you, but what section did the officer actually write on the citation?

[HighwayMan]

It should be 381 sub 7.

In any event, it's treated as an equipment violation. Why would you waste time fighting it? But that's up to you.

The NYS surcharge for equipment violations is now $50. The standard minimum fine for equipment violations is still $30, so your total should be $80 or thereabouts.