Georgia  |  Traffic Law

Legal Question

Asked on: 12/21/11, 11:10 am

The code on protective headgear while riding a motorcycle is as follows;

O.C.G.A. 40-6-315.

(a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Board of Public Safety.

(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he is wearing an eye-protective device of a type approved by the Board of Public Safety.

(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.

(d) The Board of Public Safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Board of Public Safety shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it.

O.C.G.A. 40-6-316.

The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles.

I wrote and asked for a copy of the list as demanded in paragraph (d). I received a letter stating that no such list existed and that the Commissioner of Public Safety has issued regulations establishing standards and specifications.

As this law is written, considering paragraph (d), can the CPS substitute specifications for a list? Thank you kindly for any information and help you can give.

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