Protective helmets; required; when.
(1) A person shall not operate or be a passenger in an autocycle described in subsection (2) of this section, on a motorcycle other than an autocycle, or on a moped on any highway in this state unless such person is wearing a protective helmet of the type and design manufactured for use by operators of such vehicles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion. All such protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the user by remaining on the user's head, deflecting blows, resisting penetration, and spreading the force of impact. Each such helmet shall consist of lining, padding, and chin strap and shall meet or exceed the standards established in the United States Department of Transportation's Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycle helmets.
(2) This section applies to an autocycle that has a seating area that is not completely enclosed.
Source:Laws 1988, LB 428, § 2; R.S.1943, (1988), § 39-6,211; Laws 1993, LB 370, § 375; Laws 2018, LB909, § 105.
Effective Date: April 12, 2018
The list required by section 39-6,212 (transferred to section 60-6,280) acts as a limiting construction of this section by enumerating some of those helmets which meet the criteria of this section; when taken together, the helmet law and list are not vague. Claims that this section violates constitutional rights to due process and equal protection are without merit, since the helmet law implicates neither a fundamental right nor a suspect classification and is rationally related to a legitimate legislative aim. Although the State may promulgate and enforce motorcycle helmet standards only if the state standards are identical to those promulgated by the federal Department of Transportation, the helmet law is constitutional, since the visor requirement is properly severable from the remainder of this section. Robotham v. State, 241 Neb. 379, 488 N.W.2d 533 (1992).