NC General Statute GS 20-140.4
Fri, 01/09/2009 - 02:26 — jan
Source:
http://ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/g...
§ 20‑140.4. Special provisions for motorcycles and mopeds.
(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:
(1) When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.
(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.
(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(c) Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20‑135.2A(e) and (f). (1973, c. 1330, s. 6; 1989, c. 711, s. 1; 2007‑360, s. 7.)
According to GS 20-135.2A, The fine is $25 and the court cost is $75.
http://ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/g...
Of course, NC legislators have presented us with a statute which is vague. According to case law, State of Washington v Maxwell, a reasonable person of average intelligence has no clue what FMVSS 218 is, does not even know where to find FMVSS 218, and the statute does not help point them to it. Even if they are diligent or lucky enough to locate it, it is not written for them to be able to use it and conduct testing. That's just the beginning of how it is vague. For you people who want to seriously get into this, please begin researching through the collection of links to case law documents at
Collection of links to case law documents | Bikers of Lesser Tolerance - B.O.L.T.
For those just beginning to research this statute,, please begin by contacting your state legislative rep. You can find them through
North Carolina General Assembly - Home Page and you can either email them or call them. Ask the following question:
How can I ensure, with absolute certainty, compliance with General Statute 20-140.4(a)(2) and FMVSS 218? Is FMVSS 218 something that I can ensure compliance with?
They do not know and will most likely give you bad information, such as pointing you to test results for only 40 helmets tested in the previous year. This is incorrect. The correct answers to both questions are simple; you cannot. If, despite due diligence, such as contacting your state legislature, you cannot ensure compliance with a law, then that law lacks due process and is unconstitutional, in violation of Amendment 14 of the US Constitution.
Please beware of incorrect information being distributed by the NC State Highway Patrol. They have been telling many untruths, such as telling people there needs to be an inch of foam, or saying what the helmet needs to be made of. Neither the state nor federal laws have any such specifications.
