Legal Question in Traffic Law in Georgia

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.

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

1 Answer from Attorneys

Glen Ashman Ashman Law Office
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0 attorneys agreed

It sounds like they have exactly complied with the statute as written. The statute says they should establish standards and they have done so and published them in a readily accessible form by publishing their rules, which they referred you to.

The other part says that they should publish lists of any headgear they have actually approved. Unless they have actually approved any specific headgear, there would be nothing to publish.

I gather there is a question you did not ask in your post (such as if I wear headgear and get charged, how do I prove if it's on the list or not). A skilled lawyer might work that aspect in your favor. Since you chose not to ask the actual factual background that would give you a useful and specific answer, I can't get guess at what you really need to know.

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Answered on 12/21/11, 11:18 am

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