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Biker Helmet Laws in Oklahoma

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Helmet Laws in Oklahoma

AGE REQUIREMENT MOTORCYCLE HELMET LAW IN OKLAHOMA

STATUTE:

Title 47. Motor Vehicles. Highway Safety Code. Chapter 40. Highway Safety Code Ancillaries. Section 40-105. Required Equipment. :
    "The following equipment shall be required on all motorcycles and all motor scooters except on actual trail rides conducted outside of public roads and highways:

      "G. Headgear: No person under eighteen (18) years of age shall operate or ride upon any vehicle covered under this section unless such person is equipped with and wearing on the head a crash helmet of a type which complies with standards established by the Department of Public Safety. . . ."

STANDARDS:

Title 47. Motor Vehicles. Highway Safety Code. Chapter 40. Highway Safety Code Ancillaries. Section 40-105. Required Equipment. :
    "G. Headgear: . . . All crash helmets shall consist of lining, padding and chin straps and be of the type as not to distort the view of the driver. The Commissioner of the Department of Public Safety is hereby authorized to approve or disapprove protective headgear and eye-protective devices sold and required herein, and to issue and enforce regulations establishing standards and specifications for approval thereof.

    "The Commissioner shall publish lists of all approved protective headgear and eye-protective devices by name and type. Provided, however, the Department may not recommend one brand in preference to another if quality is identical."

COURT DECISIONS:

"Subsection G of this section as enacted by laws 1967, c. 140, s 3, requiring all operators and riders of motorcycles to wear a crash helmet while operating a motorcycle was unconstitutional since it had no relationship to general public health, safety and welfare. Op.Atty.Gen. No. 68-267 (Dec. 31, 1968).

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