If you ride, you need to understand if helmets are required in your state. In Florida and South Carolina, for example, all bikers under the age of 21 must wear a helmet. Bikers 21 and over in Florida may ride without a helmet only if they can show proof that they are covered by medical insurance. IN GEORGIA, ALL RIDERS AND PASSENGERS ARE REQUIRED BY LAW TO WEAR A HELMET.
The law in Georgia at O.C.G.A. § 40-6-315 states:
(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of public safety.
(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.
(d) The commissioner of public safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish in print or electronically lists of all protective headgear and eye-protective devices by name and type which have been approved.
The law is clear that all motorcycle riders and passengers must wear protective head gear. But the law is also confusing because the headgear required must comply with standards “established by the commissioner of public safety.” What is that standard? In an effort to clear up this confusion, the commissioner of public safety issued a general rule deferring to the Department of Transportation (“DOT”). That rule, found in the Georgia Administrative Code at 570-13-.02, essentially states that all helmets meeting DOT standards for motorcycle helmets are approved helmets. So, we need to go to the DOT for an answer.
Ultimately, the DOT standards adopt standards set by the Code of Federal Regulations at §571.218, the full text of which is technical, even more difficult to understand and can be found here. Short of an engineering degree, though, DOT complaint helmets sold in the United States must have a label on the back that contains the following wording and information:
Manufacturer and/or brand
Model designation
DOT
FM/SS No. 218
CERTIFIED
Labels on certified helmets made before May 13, 2013, simply read “DOT.”
Despite the law requiring helmet manufacturers to meet federal standards, there are plenty of retailers (both in-store and on-line) who sell “novelty helmets.” These helmets do not meet required safety standards and will not protect you in a crash. There are also fake DOT labels that are sold and placed on non-compliant unsafe helmets. For some tips to help you identify unsafe helmets, go here.
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