7.743 — HELMET LAW
Violations of "Statute 7.743" results in an Infraction and a fine of $90
(a) Definitions
The Helmet Law mandates that all operators and passengers of motorcycles, mopeds, or other motorized vehicles wear a safety helmet that meets or exceeds the safety standards set by the Department of Transportation (DOT). The helmet must be properly secured and designed to reduce the risk of head injury in the event of an accident.
(b) Helmet Law Requirements
To comply with the Helmet Law, the helmet must meet the following criteria:
DOT Certification: The helmet must bear a DOT-approved label certifying that it meets federal safety standards.
Proper Fit: The helmet must fit snugly and securely on the wearer’s head, without excessive movement.
Chin Strap: The helmet must be equipped with a chin strap that must be securely fastened while the vehicle is in motion.
Design and Construction: The helmet must be constructed with materials capable of absorbing impact and protecting the head, and it must be free from cracks or defects that could compromise its integrity.
(c) Prohibited Conduct
Prohibited conduct may include, but is not limited to, the following actions by vehicle operators or passengers:
Operating or riding on a motorcycle, bicycle, or similar vehicle without wearing a helmet.
Using a helmet that does not meet the specifications outlined in state laws or regulations.
Allowing passengers, especially minors, to ride without wearing helmets as required by law.
(d) Elements
To establish the offense of violating the Helmet Law, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant was operating or riding as a passenger on a motorcycle, moped, or similar motorized vehicle.
The defendant was not wearing a helmet that meets the required safety standards, as outlined above.
The vehicle was in motion on a public roadway, highway, or other regulated area where helmet use is mandatory.
The defendant was subject to helmet requirements based on the type of vehicle or age, in accordance with local jurisdiction laws.
(e) Defenses
Defenses against a charge of violating the Helmet Law may include:
The defendant was operating a motorcycle in a jurisdiction where helmet use is not mandatory for certain age groups or types of vehicles.
The defendant was operating the vehicle in a location where helmet laws do not apply (e.g., private property, certain off-road situations).
The defendant’s helmet met safety standards but was temporarily not worn due to a malfunction, such as a broken chin strap or faulty fit, which was promptly addressed.
The defendant was under the legal age requirement for helmet use, based on jurisdictional exceptions or specific exemptions.
(f) Aggravating Factors
The court may consider the following aggravating factors when determining the severity of the offense:
The defendant was transporting a passenger who was also unhelmeted.
The defendant was involved in an accident while failing to wear a helmet.
The violation occurred in a high-risk area, such as a high-speed highway or in inclement weather.
The defendant has a history of violating helmet laws or other traffic safety regulations.
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