No Helmet Law

Colorado



Colorado is No Longer 100% Helmet Law Free!

STATUTE:

Mandatory helmets for 18 year olds as passenger or driver.

STANDARDS:

In that Colorado does not have a helmet law, the only standards for helmets are the standards imposed on manufacturers and distributors of helmets -- Federal Motor Vehicle Safety Standard 218 -- which is as it should be.

COURT DECISIONS:

"To be constitutional, it was not necessary that there be a more substantial relationship between statute requiring motorcyclists to wear protective headgear and the public health, safety and welfare than that provided by the test of mere reasonableness." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"In absence of proof that certain events could not cause motorcyclists, unprotected by helmets, to lose control of their vehicles and cause injury to others on or near the public highway, plaintiffs failed to meet burden of proving that statute requiring motorcyclists and their passengers to wear protective headgear bore no reasonable relationship to the public health, safety, and welfare." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Fact that, as an alternative to statute requiring motorcyclists to wear protective headgear, legislature might have required motorcycle manufacturers to place windshields on motorcycles did not affect constitutionality of statute." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Statute requiring motorcyclist to wear protective helmet and goggles, face shield, or safety glasses was reasonably related to the public health, safety, and welfare of the rest of the motoring public and was, therefore, a valid exercise of the state's police power." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Statute requiring motorcyclists to wear protective headgear was not an unconstitutional burden on freedom of movement and the right to travel." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"Legislature, in imposing requirement that motorcyclists wear protective headgear, was justified in treating motorcycles as a distinctive class apart from other motor vehicles." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.

"In action to declare statute requiring motorcyclists to wear protective headgear, unconstitutional evidence did not support contention that helmets as such do not prevent accidents, but rather interfere with proper operation of a motorcycle." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.


RELATED INFORMATION:


CURRENT ACTIVITY:

If you know of any current activity regarding efforts to enact a helmet law in Colorado, please e-mail that information to us so we can update this site. Thanks.


WEBSITES:


-- DISCLAIMER --

The foregoing is provided as educational information only and is not legal advice.