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operating with out eye protection on a motorcycle i have a full face helmet had the visor up?

Cop gave me a ticket for open shield, i was wearing glasses but he sad that they was not approved by DOT. Is that right? Can i get ticket for that

Update:

that was in new york city

21 Answers

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  • Dimo J
    Lv 7
    1 decade ago
    Favorite Answer

    Every State has different laws. Without knowing what State and what Law any answers you get are simply wild guesses.

    Your citation will have the VC that you were cited for. Your State's Vehicle Code is available on line. Look up the wording of the law.

  • Dale M
    Lv 4
    1 decade ago

    Depends on the state. I know in Illinois you need the wrap around type glasses or side shields. No helmet required. But a helmet and glasses? All glasses have safety glass if they did not have the side shields in Illinois with the helmet there is no way you could get wrap around or side shields in the helmet. Get a note from the optometrist about the glass being safety and take helmet and glasses to court and see what happens. Otherwise pay the fine. Beside they need the money that is why he ticketed you. There are discrimination cases in Illinois also based on colors? We're wearing a motorcycle club jacket? Harassment? Like I said I would show up to court. Remember you are going up against a highly trained professional and he knows the law. By the way DOT does not approve glasses. Could not find any approved DOT glasses ask your optometrist.

  • 1 decade ago

    I'd really check in to this one. I too tend to ride with my shield up at times. Better vision and all. I have never heard of anyone getting a ticket for not having DOT approved eyewear. I believe here in Pa. as long as you have eye protection your ok. But I'm not sure though. Probably the only glasses that are DOT approved are safety glasses. How often do you see someone riding a motorcycle with safety glasses on? I got a ticket once for my passenger not having eye protection on. I assumed the passenger didn't have to have eye protection, just the driver. Cops would be really busy if they pulled everyone over and checked their glasses! Don't they have anything better to do? lol Good Luck and I'd really check in to this one before I paid the ticket!

    Source(s): Riding for 25 years
  • 1 decade ago

    To the best of my knowledge, DOT does not approve eye protection.

    Laws vary from state to state, sometimes widely.

    People do not always know the laws - even where they live.

    To tell if this was a bogus ticket (and it sounds it to me) you would have to look up your specific state law.

    Dale M states that side shields or wraparounds are required in Illinois. This does not seem to be the case as this copy shows:

    (625 ILCS 5/11‑1404) (from Ch. 95 1/2, par. 11‑1404)

    Sec. 11‑1404. Special equipment for persons riding motorcycles, motor driven cycles or motorized pedalcycles.

    (a) The operator of a motorcycle, motor driven cycle or motorized pedalcycle and every passenger thereon shall be protected by glasses, goggles or a transparent shield.

    (b) For the purposes of this Section, glasses, goggles, and transparent shields are defined as follows:

    "Glasses" means ordinary eye pieces such as spectacles or sunglasses worn before the eye, made of shatter‑resistant material. Shatter‑resistant material, as used in this Section, means material so manufactured, fabricated, or created that it substantially prevents shattering or flying when struck or broken.

    "Goggles" means a device worn before the eyes, the predominant function of which is protecting the eyes without obstructing peripheral vision. Goggles shall provide protection from the front and sides, and may or may not form a complete seal with the face.

    "Transparent shield" means a windshield attached to the front of a motorcycle that extends above the eyes when an operator is seated in the normal, upright riding position, made of shatter‑resistant material, or a shatter‑resistant protective face shield that covers the wearer's eyes and face at least to a point approximately to the tip of the nose.

    (c) Contact lenses are not acceptable eye protection devices.

    (Source: P.A. 89‑271, eff. 1‑1‑96.)

    And this is the law where I live:

    265:123 Eye and Face Protection. – If a motorcycle is not equipped with a windshield or screen which protects the driver's eyes and face when the driver is sitting erect, the driver shall wear either eyeglasses, goggles or a protective face shield when driving the motorcycle while the motorcycle is in motion.

    Note that there are no standards listed in either. The Illinois law says "shatter resistant material" which normally includes most polycarbonate (plastic) lenses.

    P.S. Not all glasses (including prescription) are "safety glasses", even if they have plastic lenses. Mine are, with the lenses having been strengthened to meet ANSI Z87.1.

    EDIT:

    I found this: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 established by the American National Standard Institute (ANSI – Z87.1). However, the DMV recommends approved goggles or a face-shield for full protection.

    at:

    http://www.nydmv.state.ny.us/mcmanual/mclicenses.h...

    and this:

    7. It shall be unlawful, on and after January first, nineteen hundred sixty-seven, for any person to operate a motorcycle unless he wears goggles or a face shield of a type approved by the commissioner. The commissioner is hereby authorized and empowered to adopt and amend

    regulations covering types of goggles and face shields and the specifications therefore and to establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder.

    at: http://abateny.org/mclaws.html

    Please note that neither one is the actual law. ABATE is usually close, with the wording changed a bit sometimes.

    The Handbook is never the law and says so inside. Note that the only reference I found to any specification is in the Handbook. I have not found the "approved list". More research is required, I leave that to you.

    Source(s): http://www.ilga.gov/legislation/ilcs/ilcs4.asp?Doc... http://www.gencourt.state.nh.us/rsa/html/XXI/265/2... I hate bogus hassles from cops. Knowledge is power. Live Free Or Die.
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  • 1 decade ago

    It is right but it's not something usually ticketed. It probably wont hold up in court. You can argue that the officer did not adequately check the condition of the glasses, type brand etc, and that the visor was not fully raised while riding. Chances are the officer won't show to court and the charge will drop. Good luck and honestly I wouldn't worry about trying to follow that law in the future.

  • Mongo
    Lv 4
    1 decade ago

    It seems absurd to me and my initial response would be to fight the ticket, but your state may require that you either wear a face shield or approved goggles. Look up the motorcycle laws of your state and see what it says about eye protection.

  • 1 decade ago

    This cop is either an ***, or a very smart and talented individual to be able to look at a pair of glasses, and tell what kind they are, DOT or other. I've worked in machine shops all of my working career, and have used safety glasses. Safety glasses do usually have somekind of OSHA stamp of approval, but I've never seen any type of DOT APPROVED GLASSES.

    I would get a lawyer, and fight this idiot ! !

    Source(s): Life experiences
  • 1 decade ago

    I am from the Uk but your question is common sense, you have to wear shatter proff/safety glasses. Normal glasses do not and will not protect you from injury caused by stones etc. This is why you got a ticket. Also not every goggles or glasses will protect you, it has to have a specific stamp off approval of safety for the intentional use.

  • 1 decade ago

    I suggest checking your state law and get the real scoop.

    He can't just write up a ticket without some backing.

    Sorta like Barney Fife throwing the book at Gomer.

    Now go drink a beer and do a little homework.

  • 1 decade ago

    Sounds like a simple solution. Wear eye protection designed for a motocycle that costs less than $20 from wal-mart or put the shield down. Ever taken a fat @ss bumble bee to the face? My #1 reason to have my visor down. It sucks!

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