06.05.09
WASHINGTON STATE CHANGES HELMET LAW
Written by Black Jack
Being a long time rider of the motorcycling community, I tend to hear numerous facts as well as rumors and misconceptions regarding Legislative activity taking place in Washington State. This year is no different, and the topic of conversation is Senate Bill 5482 – Modifying provisions governing two-wheeled and three-wheeled vehicles, passing the Legislature on April 29th, taking effect as law on July 26th, 2009. So without further ado, let’s get down and dirty…
SB5482 ended up being sort of a ‘catch-all’ for many of the issues at hand this year and for many of the issue specific bills that stalled out in committees.
-Definitions for motorcycles, mopeds, motorized scooters and enclosed three-wheeled vehicles were clarified and amended to conform to federal regulations. Wheel sizes and pedal specifications were removed from the definition of mopeds and now they require mirrors. Motorcycles definitions were modified to state drivers sit on a seat or saddle (instead of astride the motor unit), or on a seat in a partially or completely enclosed area equipped with seat belts and designed to be steered with a steering wheel, and also now exclude motorized foot scooters. Definitions for motorized foot scooters were revised stating a maximum speed of 20mph and require the rider to wear a helmet. And finally, statutes were modified to allow a person with a valid operator’s license to operate an encloses three-wheeled vehicle without requiring a motorcycle endorsement.
-Current statutes regarding motorcycles helmets were not fully in compliance with federal regulations and were amended accordingly. Currently, the existing helmet law in Washington specified that a legal USDOT helmet must have a DOT sticker on the helmet. As we all know, these stickers are readily available and can be placed on any ‘novelty’ helmet so to appear in accordance. The wording was changed, removing the word ‘sticker’ and replaced with ‘a manufacture’s certification applied in accordance with 49CFR Sec. 571.218. So what does that mean exactly? 49 CFR Sec. 571.218 is the Federal Motor Vehicle Safety Standard governing motorcycle helmets. That standard simply states:
“Each helmet shall be labeled permanently and legibly, in a manner such that the label(s) can be read easily without removing padding or any other permanent part, with the following: (a) Manufacturer’s name or identification. (b) Precise model designation. (c) Size. (d) Month and year of manufacture. (e) The symbol DOT, constituting the manufacturer’s certification that the helmet conforms to the applicable Federal motor vehicle safety standards. This symbol shall appear on the outer surface. in a color that contrasts with the background, in letters at least 3/8 inch (1 cm) high, centered laterally with the horizontal centerline of the symbol located a minimum of 1 1/8th inches (2.9 cm) and a maximum of 1 3/8th inches (3.5 cm) from the bottom edge of the posterior portion of the helmet.”
Let me reiterate, the new wording of the law states “a motorcycle helmet means a protective covering for the head… with a manufacturer’s certification applied in accordance with 49 C.F.R. Sec. 571.218 indicating that the motorcycle helmet meets standards established by the United States Department of Transportation.”
The DOT symbol on the back of the helmet constitutes the manufacturer’s certification meeting the requirements of Washington law. By state law your helmet is required to be DOT certified. If you are wearing a novelty beanie, then expectations should be in place that a trooper or officer may want to examine your helmet further during a traffic stop, in essence looking for the additional manufacturer’s information the label inside. If you are wearing an approved DOT helmet, you’ll have no worries whatsoever as you are legal. You’ll actually get the last laugh as he (or she) hands you back your helmet. However, if you choose to run illegal, the expect a hassle.
The bill goes into effect July 26th. So, if you wear a legal DOT helmet now, then it will remain legal. If you’re wearing an illegal helmet now, then it will be just as illegal come July 26th. Prior to this bill being passed into law, Washington State had mandated that you wore a USDOT certified helmet. So in the end this new legislation really isn’t a significant change.
-Traffic signal vehicle detection system regulations were amended to establish procedures to identify and repair (with existing funds) traffic controls to detect two-wheeled vehicles.
That’s it in a nutshell. I hope this helps clear up a bit of the confusion that is common whit the legislative process. Ride safe!
