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Helmet
Laws in Arizona
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AGE
REQUIREMENT
MOTORCYCLE
HELMET LAW
IN ARIZONA |
STATUTE:
Title
28.
Transportation
Chapter 6.
Uniform Act
Regulating
Traffic On
Highways.
Article 16.
Equipment.
Section
28-964.
Motorcycles;
motor driven
cycles;
equipment;
exception;
prohibition:
"A.
An operator
or passenger
of a
motorcycle
or motor
driven cycle
who is under
eighteen
years of age
shall wear
at all times
a protective
helmet on
the
operator's
or
passenger's
head in an
appropriate
manner that
is safely
secured
while
operating or
riding on
the
motorcycle
or motor
driven
cycle. . .
."
STANDARDS:
We
are currently
researching
the Arizona
regulations to
determine
exactly what
standard they
have adopted
to define
"protective
headgear".
Apparently the
"director"
approves their
so-called
safety
equipment.
COURT
DECISIONS:
"There
is valid state
interest in
requiring
motorcyclists
to wear
helmets while
driving, and
therefore
provision of
this section
prohibiting
driving of
motorcycle
without helmet
is valid
constitutional
extension of
state's police
power." State
v. Beeman (App.
1975) 25
Ariz.App. 83,
541 P.2d 409.
"Primary
purpose of
provision of
this section
requiring
wearing of
protective
headgear while
operating a
motorcycle is
to prevent
injury to
motorcyclists
from cranial
trauma."
(therefore)
"In light
of highway
dangers,
provision of
this section
requiring
wearing of
protective
headgear while
operating a
motorcycle is
constitutional
exercise of
police power
in area of
highway
safety." State
v. Also (App.
1969) 11
Ariz.App. 227,
463 P.2d 122.
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