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New York Motorcycle Helmet Laws

STATUTE: Chapter 71 of the Consolidated Laws. Title III--Safety Responsibility; Financial Security; Inspection; Size and Weight, and Other Provisions. Article 9--Equipment of Motor Vehicles and Motorcycles. Section 381. Motorcycle Equipment. It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. . . ."

FINE: Chapter 71 of the Consolidated Laws. Title III--Safety Responsibility; Financial Security; Inspection; Size and Weight, and Other Provisions. Article 9--Equipment of Motor Vehicles and Motorcycles. Section 381. Motorcycle Equipment. A violation of any of the provisions of this section shall be punishable by a fine not exceeding one hundred dollars or by imprisonment for not exceeding thirty days, or by both such fine and imprisonment."

STANDARDS: Chapter 71 of the Consolidated Laws. Title III--Safety Responsibility; Financial Security; Inspection; Size and Weight, and Other Provisions. Article 9--Equipment of Motor Vehicles and Motorcycles. Section 381. Motorcycle Equipment. :
The commissioner is hereby authorized and directed to adopt regulations for helmets which are consistent with the requirements as specified in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. . . ."
It shall be unlawful to sell, offer for sale or distribute any goggles or face shields for use by the operators of motorcycles unless they are of a type and specification approved by the commissioner and appear on the list of approved devices maintained by the commissioner."

" It shall be unlawful to sell, offer for sale or distribute any protective helmets for use by the operators or passengers of motorcycles unless they are consistent with the regulations of the commissioner as provided in subdivision six of this section and within the requirements specified in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended."

MISCELLANEOUS MOTORCYCLE LAWS

Eye Protection
Required by law.
Daytime Use Of Headlight
Required by law.
Modulating headlight permitted.
Passenger Seat
Required if carrying a passenger.
Passenger Footrests
Required if carrying a passenger.
Helmet Speakers
Single earphone only.
Mirror
Required by law.
Periodic Safety Inspection
Required by law.
65 MPH Speed Limit
In effect on designated rural interstate highways.

NEW YORK: DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

Article I, Section 11 of the New York State Constitution states "that no person shall be denied the equal protection of the laws of this state or any subdivision thereof." Article 4, Section 40 of the Civil Rights Law provides that "all persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages, facilities and privileges of any places of public accommodations, resort or amusement subject only to the conditions and limitations established by law and applicable alike to all persons." The U.S. Supreme Court has ruled that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. Cohen v. California, 403 US 15 (1971). In addition, the right of an individual to freedom of association has long been recognized and protected by the United States Supreme Court Thus, a person's right to wear the clothing of his choice, as well as his right to belong to any club or organization his choice is constitutionally protected, and persons or establishments who discriminate on the basis of clothing or club membership are subject to lawsuit.