Helmet laws, reciprocity?

[The Menace]

In WV, we are required to wear helmets by law. I was in a local dealership this weekend and heard the guy there say that it is illegal for me to go to another state, with no helmet law, and not wear a helmet. Since I am licensed in WV, I still have to wear a helmet. I haven't researched this, since I will always wear a helmet, regardless.

This weekend, a man from South Carolina was killed in a motorcycle accident in WV. He was not wearing a helmet. There is no helmet law in SC. Wouldn't it be illegal for him not to be wearing a helmet in WV?

I'm not trying to start another helmet debate, just wondering if there is a reciprocity agreement between states concerning helmet laws.

Dennis

[Scrambler81]

How could a state enforce their laws in a different state? I'd have to say they were wrong.
Now, if you live in a no helmet state, and get caught in a state that has helmet laws - maybe some type of violation would carry over to your state? I don't know about that one, but I supposed it could happen.

[The Menace]

Here is a link to the report on the fellow from SC.

The State Journal - News for West Virginia's Leaders

[The Menace]

Originally Posted by Scrambler81

How could a state enforce their laws in a different state? I'd have to say they were wrong.

That's what I was thinking.

[Robert1320]

Originally Posted by The Menace

In WV, we are required to wear helmets by law.....

This weekend, a man from South Carolina was killed in a motorcycle accident in WV. He was not wearing a helmet. There is no helmet law in SC. Wouldn't it be illegal for him not to be wearing a helmet in WV?


Dennis

When in other states, "than you own", you must follows those state laws.

If WV has a helmet law anyone riding in wv need a helmet. I wear one. It should be my choice not a law.

[sisooktom]

AFAIK you are only subject to the laws of the state you're actually in. The term reciprocity usually refers to whether a citation received outside your home state will find it's way onto your record at home.

[The Menace]

Originally Posted by sisooktom

The term reciprocity usually refers to whether a citation received outside your home state will find it's way onto your record at home.

What I was referring to is more along the lines of concealed carry permits, where reciprocity is referring to one state accepting a permit from another state.

Dennis

[jumpmaster74]

I was in South Beach a few years ago and the cops were giving tickets out like it was candy on Holloween. Apparently if your state requires you to wear a helmet then you must do so at all time.

[socalmarcus]

The only laws that cross state lines are federal laws.

[StreakinMarine]

I'm in Maine and we do not have a helmet law....if I drive to Mass. where there is a helmet law , I need to wear one . I could see myself trying to explain to the cop that Maine doesn't require me to wear a helmet so you are going to have to tear your ticket up...

That would be like getting a DUI/DWI/OUI in a state where the law is .10 and my state is .08 . Would I get arrested if my alcohol level is .08 in the state where it is .10 ?

Unless the law is specific for motorcycle helmets , it just doesn't fly in my opinion . They may write the ticket , but if you fought it , bet you would win .

[mrblanche]

There isn't such a law, but imagine if there were!

Trucks or truck drivers licensed in CA would not be able to exceed 55 mph anywhere in the country!

If you were from WV, you could drive 70 mph anywhere.

And if you were from west Texas, you could drive 80 mph anywhere.

Just a few moments of logical thought will kill this whole theory.

[The Menace]

Originally Posted by mrblanche

There isn't such a law, but imagine if there were!

Trucks or truck drivers licensed in CA would not be able to exceed 55 mph anywhere in the country!

If you were from WV, you could drive 70 mph anywhere.

And if you were from west Texas, you could drive 80 mph anywhere.

Just a few moments of logical thought will kill this whole theory.

Don't go bringing logic into this. That's no fun.

Dennis

[Nate]

If that were the case, on weekends one KHP officer could make a month's quota just sitting south of the state line and writing tickets to all the shuckers that stop and pull their lid off once they hit Kansas. Same thing at the MO state line.

[zedx11]

Originally Posted by jumpmaster74

I was in South Beach a few years ago and the cops were giving tickets out like it was candy on Holloween. Apparently if your state requires you to wear a helmet then you must do so at all time.

if I remember correctly, in FL. you don't have to wear a helmet if you have over a certain amount of insurance coverage and over a certain age. they may have been checking for that.

[zedx11]

Originally Posted by Nate

If that were the case, on weekends one KHP officer could make a month's quota just sitting south of the state line and writing tickets to all the shuckers that stop and pull their lid off once they hit Kansas. Same thing at the MO state line.

they sometimes do that at the AR./MO. line. seen a couple cruisers get pulled over just past the MO. line.

[MotorCDR]

Originally Posted by The Menace

In WV, we are required to wear helmets by law. I was in a local dealership this weekend and heard the guy there say that it is illegal for me to go to another state, with no helmet law, and not wear a helmet. Since I am licensed in WV, I still have to wear a helmet.

He then went home, laughing at you for believing it.

1) You are subject to all of the laws in the jurisdiction where you are at any given moment, but you can't be prosecuted for doing something in another state which is lawful there but unlawful in your home state. Think about it -- gambling is a way of life in Nevada, but unlawful in most of California (except, of course, where the state is the "house" -- their lottery).

2) You are subject to SOME Federal laws, anywhere in the world. For instance, an American adult can be prosecuted for having sex with minors, even in countries which have no such laws.

[the big d]

in sc, you have to wear a seatbelt but no helmet, no damn sense

[MotorCDR]

Originally Posted by jumpmaster74

I was in South Beach a few years ago and the cops were giving tickets out like it was candy on Holloween. Apparently if your state requires you to wear a helmet then you must do so at all time.

Ah, the power of suggestion!

A traffic cop can write you a citation for ANYTHING, if he or she can find a code section to cover it.

Most people just pay the ticket, rather than going back to fight it.

However, if you go to court, the cop MUST give a VALID reason for the citation, and "it's illegal in his home state" is NOT a valid reason -- so, if you do go to court, the cop will probably just not show up, and you are in the clear.

WARNING -- if you don't show up, and don't pay, you then are facing a "bench warrant," which has nothing to do with the actual alleged offense.

[MotorCDR]

Originally Posted by socalmarcus

The only laws that cross state lines are federal laws.

You are 99 44/100s percent right on this one.

You can be arrested in one state for an offense committed in a different state, if a judge in the other state signs the warrant. This is called "extradition," and can be amusing (for instance, when someone is extradited from Nevada on charges stemming from gambling or prostitution).

You can, of course, also be busted if you are followed across a state border by a cop attempting to make the arrest and you bug out.

[RichLockyer]

Originally Posted by zedx11

they sometimes do that at the AR./MO. line. seen a couple cruisers get pulled over just past the MO. line.

Probably cited them for illegal parking.

We hit the first ramp... or depending on the ride leader, just wait for the first fuel stop in the free state before we remove our lids.