California Helmet Law and ECE Rating
- Thread starter 5150ninja
- Start date
motomania2007
TC/MSF/CMSP/ Instructor
ECE certification is not recognized as a legal helmet in US or California.
ECE helmets must also have DOT certification.
What will happen if you get stopped? Nothing, since the cops don't enforce the law other than the presence of you wearing a helmet.
ECE helmets must also have DOT certification.
What will happen if you get stopped? Nothing, since the cops don't enforce the law other than the presence of you wearing a helmet.
TheRiddler
Riddle me this.
Not allowed to. Court ruling.
berth
Well-known member
What? Indeed.
Really?
I mean, why not.
Almost (almost) any helmet is better than no helmet. I don't think a souvenir Dodgers baseball helmet would do much good, but assuming it didn't immediately fly off, it may protect against some abrasion.
A friend wore one when we were exploring lava tubes one day, and it was certainly effective for that.
ST Guy
Well-known member
Of course, if you ever are in an accident and suffer head injury of any type, and if it comes out that your helmet was not really DOT approved, it might be grounds for non-payment of medical expenses.
There are so many DOT helmets available, why not just get one that's approved?
There are so many DOT helmets available, why not just get one that's approved?
motomania2007
TC/MSF/CMSP/ Instructor
Are you saying you are not allowed to cite a rider for not wearing a helmet?
berth
Well-known member
I read it that they're not allowed to cite a rider for wearing an unapproved helmet.
TheRiddler
Riddle me this.
That's it.
We're not allowed to determine if a helmet meets the required safety standards. But if you have no helmet, then there's no question.
Buying a DOT sticker off Amazon doesn't make a helmet compliant.
If you're talking motorcycle/car insurance payment or any other type of civil liability, it probably wouldn't be non-payment. For example, if someone else caused the collision, they'd still be civilly liable. But it would provide ammo the insurance companies / attorneys would use to try and reduce liability. They would argue that had the rider been wearing a DOT compliant helmet, their injuries would be less severe (whether true or not) and that they should only be liable for partial medical expenses, etc. Why give them that ammo?
berth
Well-known member
I mean, that's sorta fair right?
The law is that you have to wear an DOT approved helmet. Is there a law that says that the helmet has to have a label on it? (Yes, there is: it's Federal, 49 CFR § 571.218 S5.6, State defers to the Feds for this) Are people not allowed to remove labels from their things? Custom paint it? It doesn't say it can't be removed. But I think all of these regulations are about the SALE of the helmet, not the use. IANAL.
Despite the dire warnings, I'm told we're actually allowed to remove pillow and mattress tags.
(I appreciate the challenges such circumstances present in terms of enforcement.)
ST Guy
Well-known member
Thanks for expanding on my points!
Caddywumpus
4N631
Does anyone have a link to that court ruling??
squidworth
Well-known member
You are absolutely correct! I was merely giving the OP an option. What they do with that, is up to them. A Schuberth most definitely exceeds DOT standards, but a helmet like this........ :nchantr
https://www.alibaba.com/product-det...pm=a2700.7724857.normalList.34.15ce3ef5mUAquQ
https://www.alibaba.com/product-det...pm=a2700.7724857.normalList.34.15ce3ef5mUAquQ
Shaggy
Zoinks!!!!
It was discussed in another thread within the last 6 months or so, but... I think that if a helmet does not meet DOT standards, that does. It make it inferior. Many ECE standards are higher than DOT/Snell. If the rider can show that the helmet met higher standards, even if not technically DOT certified I think they would be ok in the long run. It would take a competent attorney with an understanding of Euro certs and stuff, because if it’s that serious where there is litigation, the rider is probably in no position to bring forward that information.
If I remember correctly, Suomy helmets are not DOT certified. But..... if they are good enough for the MotoGP grid and meet FIM standards I can’t imagine anyone making a successful argument that the lid is less safe.
EDIT: Correction.... Suomy helmets are DOT, but not Snell certified. The point remains, though.
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