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karen · Easyrider Joined: 23 Jan 2009 Posts: 61

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
June 10, 2010

New York State and Local Law Enforcement Forcing Motorcycle Helmet Manufacturer Standards onto the Consumer

New York State law enforcement agencies have started their motorcycle only checkpoints and one of the main things they will be looking for is non-compliant helmets. New York State Police Acting Superintendent John P. Melville stated in a press release that “…We know that the primary cause of a motorcycle fatality is a head injury, therefore we will seek to ensure every rider, every time, has a proper DOT compliant helmet." (1) Currently Chief Peter Miller and Lt. James Halvorsen are training local law enforcement agencies on motorcycle laws along with how to identify compliant helmets. New York State law enforcement can not determine if a helmet is compliant just by looking at it.

The National Highway Traffic Safety Administration or the Department of Transportation does not approve helmets or have the authority to certify helmets.(2) The Department of Transportation is only authorized to determine if a helmet meets manufacturer standards by randomly purchasing a helmet from the marketplace and having it tested at independent test labs. The DOT does not test any helmet after the point of sale because once a helmet is sold to the consumer it becomes the private property of that person and is no longer subject to federal manufacturing requirements. If DOT does not have regulatory authority after the point of sale, it can not pass authority to any state or local governments to determine if a helmet meets manufacturer standards.

The New York Freedom Riders contacted over thirty police and sheriff departments requesting if they had any motorcycle helmet recall notices, any laboratory tests for motorcycle helmets or any NHTSA formal certifications on non-compliant motorcycle helmets. We were unable to find one police department in possession of this information. (3)

The New York Freedom Riders feel New York State Law Enforcement does not have the authority to force manufacturer standards onto the consumer and should cease pulling over motorcyclists because they feel the helmet worn is illegal. Motorcycle helmets do not have to have a DOT sticker, a certain amount of padding or labels inside the helmet. If the consumer chooses to remove any of these items, they have that right because it is their private property.

We would like to remind all motorcyclists never to consent to a voluntary search of your person or bike, or take off your helmet. If law enforcement requests to look at your helmet, ask them for a search warrant. Many times an officer will persist or will say to you something similar to “if you don't have anything to hide, why object to a search?". This should be met with the response that you do not consent to any searches of your private property. (4)

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

(1) www.nydmv.state.ny.us/press/pr060310.htm
(2) http://www.nhtsa.gov/cars/rules/import/FAQ%20Site/pages/page3.html
(3) http://www.newyorkfreedomriders.com/FOIL.htm
(4) http://www.newyorkfreedomriders.com/MCckpntURrghts.htm

http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"