Helmet Repeal bills, year 1999

California SB1197 Delayed until January, 2000. Meeting scheduled on the West Steps of the Capitol on January 3rd, 2000.

ABATE of CA

Florida HB457

SB958

 HB457 & SB958 were not defeated this past session, they were ignored. After both bills had gone through the committee process and sent to the full body, the Rules and Calendar Chairman in the House would not let the bill be heard on the floor because he didn't think it was important enough nor effected enough people in the state to be heard. The same thing essentially happened in the Senate and time ran out on us. It really pisses me off that one person can control the whole political process and in effecct become a one person Legislature. We in Florida have not given up though. Our freedom IS worth fighting for. I only wish we could convince the other 200.000 odd motorcyclists in Florida to stand with us and regain what was taken from us so long ago. Joshua Black Creek Chapter- ABATE of Florida,Inc.

ABATE of Florida 

Helmet Law 101 - Motorcycle Biker Florida Helmet Laws Rights Freedom Fighters
Louisiana SB 86 Won !!! Govenor M.J. "Mike" Foster Jr. signed the bill. The law requires proof of $10,000 in medical coverage to ride without a helmet and goes into effect August 15, 1999.
Maryland   Defeated - NHTSA testified illegally.
Mississippi   Mississippi - Defeated in the first committee for the third year in a row.

Here is info for a court case that could also apply to some other states, if you want to give it at try.

Federal Code - Traffic and Vehicle Safety Act Title 15, chapter 1392

Supremacy of Federal Standards; allowable higher standards for vehicles used by federal or state governments
(d) Whenever a Federal motor vehicle safety standard standard established under this subchapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision therof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment precured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.

Excerpt is from Juvenile Products v. Edmisten:

"Under National traffic and Motor Vehicle Safety Act, states play a role in enforcement of federal regulatory scheme created by Act, but states may enforce no standards which are not identical to federal standards."

That excerpt is from Juvenile Products v. Edmisten, citing the National Traffic and Motor Vehicle Safety Act of 1966, Section 103(d), as amended, 15 U.S.C.A. Section 1392(d).
Mississippi has declared by statute that the American Association of Motor Vehicle Administrators "inspects and approves helmets" which is not "identical to federal standards" and therefore not lawful. More on this decision is at Preventing Helmet Disasters Web Site.

In addition, the American Association of Motor Vehicle Administrators has never and does not inspect or approve helmets.

With this info, if the court will rule with the law, (I have become skeptical) we can defeat this helmet law in court.
Missouri HB 184 Defeated - Gov. Mel Carnahan vetoed the bill.

FREEDOM OF ROAD RIDERS

New York S-3182 ABATE of NY
Nevada   defeated
N. Carolina HB1203 SB1125 ABATE of NC Winning a court case has helped the bills.
Oregon HB 3632 The repeal language was put onto an existing House bill, HB 3632. HB 3632 passed the House floor on June 16, where it was approved by a vote of 36-24, and now goes to Senate.
Pennsylvania SB 241 Defeated by two lying turncoats who cosponsored the bill, Sen. Brightbill and Sen. Rhoads.
Tennessee   Defeated in the House.

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