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North Carolina Motorcycle Helmet Laws

STATUTE: Article 3. Motor Vehicle Act of 1937. Part 10. Operation of Vehicles and Rules of the Road. Section 20-140.4. :
"(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:
"(2) Unless the operator and all passengers thereon wear safety helmets of a type approved by the Commissioner of Motor Vehicles. . . ."

STANDARDS: Article 3. Motor Vehicle Act of 1937. Part 10. Operation of Vehicles and Rules of the Road. Section 20-140.4. :
"Of a type approved by the Commissioner of Motor Vehicles. . . ."
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

State Funded Rider Education
Available for all eligible applicants.

Daytime Use Of Headlight
Required by law.
Modulating headlight permitted.

Passenger Seat
Required if carrying a passenger.

Passenger Footrests
Required if carrying a passenger.

Mirror
Required by law.

Periodic Safety Inspection
Required by law.

65 MPH Speed Limit
In effect on designated rural interstate highways.

NORTH CAROLINA: DISCRIMINATION ON THE BASIS OF MOTORCYCLE ATTIRE IS ILLEGAL

Article L Section I of the North Carolina Constitution provides that "all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness" Article L Section 19 of the North Carolina Constitution provides that "no person shall be denied the equal protection of the laws...." In Cohen v. California, 403 U.S. 15 (1971), the United States Supreme Court ruled that American citizens have the first amendment right to wear clothing that displays writings or designs. Additionally, the right of freedom of association has long been recognized and protected by the United States Supreme Court. Accordingly, in North Carolina an individual's right to wear motorcycle attire is constitutionally protected. and individuals or establishments who discriminate on the basis of motorcycle attire are subject to lawsuit.