All officers engaged in the enforcement of appropriate motor vehicle statutes as they apply to motorcycles, will henceforth be cognizant of the fact that any judgment made pertaining to the insufficient safety standards of motorcycle helmets, leading to their designation as defective on resulting citations, will not be considered sufficient ground for towing the motorcycle. Absent any other justification such as operator impairment or improper registration, operators cited for defective helmet will be allowed to retain such headgear, and drive their motorcycle from the scene, once the citation is issued. The wearing of improper headgear has been found to be insufficient grounds for temporary confiscation or seizure of either motorcycle or helmet. Officers should take sufficient descriptive notes to Identify or describe the defective helmet in later court appeals.
John A. Cunningham