DO I NEED TO WEAR A HELMET WHILE RIDING A MOTORCYCLE IN PHOENIX OR IN ARIZONA?
One of the most common issues that always comes up with the fact that I am both an attorney and a licensed motorcycle rider if I get asked all the time is how can the state for somebody to wear a helmet? In Arizona at least the answer is a simple one: there is no law that requires you to wear a helmet.
That is unusual because Arizona and does require someone to wear a seatbelt when in a car. The Arizona Legislature does have libertarian core which would explain the fact that Arizona has very permissive gun laws and does not require a helmet when riding a motorcycle.
Thus, if a police officer were to pull you over for any reason while you're driving a car and were not wearing a seatbelt, you would get a ticket for not wearing a seatbelt , if that same officer stops you when you're riding a motorcycle and you do not have a helmet on, you would not get a ticket for no helmet.
It is required for any rider under the age of 18 (A.R.S. 28-964). That is perfectly consistent with Arizona's image as a libertarian, Wild West state. But other Southwestern states with almost exactly the same image, like Nevada, require riders to wear a helmet (NRS 486.231).
The proponents of mandatory wearing of helmet laws, who appear to be primarily in the safety and public health industry, attempt to show by statistics that mandatory helmet laws save money, lives, and reduce the chance of head injury. Head injury is the most common cause of a motorcycle riding fatalities. Statistical evidence in favor of mandatory helmet laws, however, is not overwhelming. Part of the problem might be that not all mandatory helmet laws require department of transportation (DOT) or Snell approved helmets. That that might be because some motorcycle riders, to comply with the letter and not necessarily the spirit of the mandatory helmet law, wear helmets that are nothing more then a mere shells. As such, when one of these motorcycle riders is involved in accident it is unlikely that the mere shell helmet would actually prevent head injury.
There are two Arizona case is related to the mandatory helmet law. A defendant motorcyclists argued that the helmet laws are unconstitutional and appealed his conviction to the Court of Appeals. The court upheld the statute on, apparently, the basis that the public highways are dangerous places. The court did state that when a statue's factual basis is called into question, the existence of facts to sustain the statute are assumed. State v. Also. The second case was when a defendant argued that the statute violated due process because it exceeded the police power of the state. Specifically, the state sought to regulate conduct that only affected the individual, not society as a whole. The appellate court noted the Also case and a Massachusetts case, Simon v. Sargent, holding that a injured motorcycle rider may become a public burden. State v. Beeman.
Contact a Phoenix, Arizona, Motorcycle Lawyer Today
If you are seeking legal representation or would like more information about our services, contact the law offices of Vladimir Gagic today to set up your free consultation. You can reach us at 602-955-1985, toll free at 855-843-6274 (855-THE MARINE)
