- Bikers' rights
Bikers' rights generally refers to the protection of legal rights related to motorcyclists in the United States, but certainly can and does refer to those throughout the world. There have been a tremendous number of grass roots efforts to protect these rights throughout the USA.
Bikers' Rights are defended by both organizations of all sizes and individuals that take issue with motorcycle issues and laws. Probably the most active in the minds and actions of motorcyclists is related to freedom of choice in the wearing of helmets.
The
National Highway Traffic Safety Administration (NHTSA) is the federal agency, part of the Department of Transportation (DOT), that creates safety regulations for cars and trucks and motorcycles, responsible for setting safety standards and confirmation of compliance by vehicle manufacturers. NHTSA has been at the forefront of debate for motorcycle rights for such things as off-road riding, vehicle requirements and of course helmets.Helmets
The debate over helmets is most interesting because even though there is a detailed DOT regulation [http://www.bikersrights.com/nhtsa/fmvss218.html FMV 218] , no state law to date has been able to define what a helmet is in order to comply with a state's helmet law. Further, all or most states refer to FMV 218 in the language of their laws in an effort to establish mandatory helmet laws. Regarding compliance, FMV 218 puts the responsibility upon the manufacturer. The manufacturer must test their helmets per FMV 218 and then, and only then, can they distribute them for sale.
The problem arises when a rider gets stopped by police to see if their helmet complies with FMV 218. The determination of the police is subjective, yet the basis for all helmet infraction tickets.Fact|date=December 2007 The only way a helmet can be determined to comply with FMV 218 is by an independent lab facility that must employ rigorous testing as detailed in FMV 218.Fact|date=December 2007 That said, road side stops by the police to determine a helmet's compliance is impossible, if not illegal.Fact|date=December 2007
Because it is impossible to determine whether a helmet complies on a local level and because of the liability that a state would have, no state to date has provided a list of "approved" helmets for riders to choose from.
Six helmet manufacturers where asked, which of their helmets provide the most protection and what that protection is. None of the manufacturers were able to respond with any specific details. [ [http://www.bikersrights.com/helmets/default.html Bikers Rights] ]
Since the nature of what a helmet is and how to comply with local helmet laws, bikers have been contesting whether or not mandatory helmet laws are legal and constitutional.Fact|date=December 2007
Agencies
Some agencies and individuals dedicated to Bikers' rights include:
*ABATE
* [http://www.ama-cycle.org America Motorcycle Association] (AMA),
* [http://www.bikersrights.com Bikers RIghts Online]
*Helmet Law Defense League (HLDL).References
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