Helmet

What Is A Helmet Anyway

NCOM News

by Bill Bish

WEST VIRGINIA BIKERS ASK COURT: WHAT IS A HELMET?

Trial was to be held this summer regarding motorcyclist Mark Fike’s traffic citation for not wearing an approved helmet while operating his motorcycle on SR 119 in Spencer, West Virginia. Mr. Fike could have pled no contest and paid a relatively small fine to avoid the hassle of going to court. However, W. Virginia State Senator John Mitchell and Aid to Injured Motorcyclists (A.I.M.) Attorney Ralph Buss, anticipating an unfavorable ruling, took the case to trial in order to obtain a verdict for the purpose of arguing on appeal to the State Supreme Court the issue of what is an approved motorcycle helmet.

At issue is what are the specific parameters of what is and what is not a legal helmet in the state of West Virginia? Federal Vehicle Safety Standards and Regulations; Article 57, Section 218 that sets forth helmet design regulations was to have been introduced in its entirety in order that it become part of the record for use on appeal. Walter Snyder, Coordinator of the W. Virginia Motorcycle Safety Education Program, was scheduled to testify regarding the meaning of Department of Transportation (DOT) compliance. He was also set to describe his committee of eight personsinteraction with the State Police on helmet related issues.

During the preparations for trial, it was learned that the CEO of the State Police would be unable to provide testimony regarding valid helmet compliance for W. Virginia. It was also learned that there are no courses available to the State Police to train them to recognize a compliant helmet. Currently, officers use the eyeball and instinct methodto determine compliance.

As neither the arresting officer, Sgt. D. U. Garrett nor his superior, Colonel Hill showed up for court on July 31, 2002, the Magistrate permanently dismissed the case for failure to prosecute. At the conclusion of the session, the prosecutor jokingly suggested that perhaps when the bikers come back, one of them might wear a bucket of lard with a DOT sticker affixed to it and see what happens.

President of ABATE of West Virginia, Duck, and West Virginia Confederation of Clubs Chairman Widowmaker, along with the numerous other motorcyclists in attendance, vowed that they will have another day in court.

The leadership of West Virginias motorcyclists rights organizations are at this time considering what forum to use for their next confrontation. Three of the issues under consideration are: 1) Does W.V. Statute 17C-15-44 adequately inform motorcyclists as to what is an approved helmet and/or what is a non-compliant device? 2) Is the Statute so vague that most persons cannot come to a reasonable conclusion as to the definition of an approved helmet? 3) Is the State required to have an expert testify on its behalf when the approved/not approved helmet design issue is again presented to the court? Stay tuned.