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Helmet law details - any reliable answers?
I see it said over and again that the state of New Hampshire does not have a helmet law.
But, as far as I can tell, it was never repealed.
It's current form: http://www.gencourt.state.nh.us/rsa/html/XXI/265/2...
I cannot find the rules, specifications or list mentioned in paragraph II.
The main thrust of my question:
Where is the Federal law referred to in paragraph III to be found and when, if ever, was it changed?
This isn't meant to be a forum for debate over the use (required or not), just seeking info I can't seem to find. Yes, I've looked. Yes, I have an interest - I've been a resident since 1970.
Thanks for taking the time, Ride All Year.
What I meant was that I couldn't find the rules that were made under that authority. I have no idea where to find the Federal law referred to.
Also, the way I read it, the specifications are for the helmet itself :"types of protective headgear and the specifications therefor" and "approved headgear which meet his established specifications"
Feeble, dingram? Your deduction is 100% on. I'm not worried about the specs or non-existant list. Still curious about that Federal law - my main interest.
9 Answers
- dingram1Lv 51 decade ago
<III. If federal law is altered so that the mandatory wearing of protective headgear on motorcycles by persons less than 18 years of age is not required as a condition to the receipt by the state of any federal funds, paragraphs I and II shall be void.>
The best my feeble mind can tell or deduce from that is that is the state grants anyone under 18 years of age permission to ride without a helmet, they (the state) are to lose federal funds? That should be the limitation of the federal laws applying to helmet usage in any state.
Section two probably refers to the DOT certifications of head protection?
Source(s): Not a lawyer but studied some legal garbage when I was studying to be a private investigator. The terminology is what throws you. Most legislation is garbled by the whereases and the herefores. That gives the law a farther reach and makes it harder to understand for the layman. It takes a Philidelphia lawyer and two homeless drunks to figure most of it out. - Ride All YearLv 41 decade ago
The rules and specifications listed in Paragraph II refers to the power to make the rules;
"260:5 Rulemaking Authority. – All rulemaking authority expressly granted under the provisions of this title to the department or any of its administrators, officials, divisions or bureaus, or to any agency as defined in RSA 541-A:1, II, shall be subject to the provisions of RSA 541-A. Whenever, under the provisions of this title, the department or any of its administrators, officials, divisions or bureaus, or any other agency, has been granted authority to prescribe or otherwise require forms, reports or other matter included in the definition of rule in RSA 541-A:1, XV, such authority shall be construed as rulemaking authority and shall be subject to RSA 541-A. Provided, however, that under the provisions of this title wherever any administrator, official, division or bureau in the department has been granted the authority to adopt rules, either expressly or as stated above, such authority shall be subject to the approval of the commissioner. Unless otherwise specified in this title, appeals from any order or decision of the director, commissioner, division, department or other agency acting under the provisions of this title shall be pursued as provided in RSA 541.
Source. 1981, 146:1. 1994, 412:27, eff. Aug. 9, 1994."
As for the federal law referred to in Paragraph III, I've just spent about 40 minutes searching federal law databases and can't find the law referred to in the New Hampshire statue.
- Anonymous1 decade ago
Just wear a helmet..who cares of the laws
- 1 decade ago
It isn't a federal law. It is a state by state law. Just check your state helmet laws.
- 1 decade ago
Maybe I don't understand your question, but would your State DMV be able to tell you? I wish I could help.
- 1 decade ago
the AMA site says
"Required by law under age 18"
- ?Lv 71 decade ago
who cares? you should be wearing a helmet ALL the time anyway.
Source(s): Honda & Suzuki Service Technician Graduate of MMI (Motorcycle Mechanics Institute) Phoenix Az. 25+ years riding experience
