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California Helmet Law and ECE Rating

5

5150ninja

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Joined
Aug 20, 2012
Location
Santa Cruz
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2018 Goldwing, Green Concours C10, No not that one, the other green one.
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Ianz Crazy
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AMA #: 2956700
What happens if I'm pulled over with a helmet that only has ECE rating and no DOT sticker? It's a Schuberth helmet that exceeds the DOT certification, but was purchased in Canada.
 
Nothing!
 
ECE certification is not recognized as a legal helmet in US or California.

ECE helmets must also have DOT certification.

What will happen if you get stopped? Nothing, since the cops don't enforce the law other than the presence of you wearing a helmet.
 
motomania2007 said:
ECE certification is not recognized as a legal helmet in US or California.

ECE helmets must also have DOT certification.

What will happen if you get stopped? Nothing, since the cops don't enforce the law other than the presence of you wearing a helmet.
Click to expand...

Not allowed to. Court ruling.
 
TheRiddler said:
Not allowed to. Court ruling.
Click to expand...

What? Indeed.

Really?

I mean, why not.

Almost (almost) any helmet is better than no helmet. I don't think a souvenir Dodgers baseball helmet would do much good, but assuming it didn't immediately fly off, it may protect against some abrasion.

A friend wore one when we were exploring lava tubes one day, and it was certainly effective for that.
 
Of course, if you ever are in an accident and suffer head injury of any type, and if it comes out that your helmet was not really DOT approved, it might be grounds for non-payment of medical expenses.

There are so many DOT helmets available, why not just get one that's approved?
 
berth said:
I read it that they're not allowed to cite a rider for wearing an unapproved helmet.
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That's it.

We're not allowed to determine if a helmet meets the required safety standards. But if you have no helmet, then there's no question.
 
80610029.jpg
 
squidworth said:
https://www.amazon.com/dp/B01C7ZLK5O/ref=cm_sw_em_r_mt_dp_F7AmFb0DHKR6N
Click to expand...

Buying a DOT sticker off Amazon doesn't make a helmet compliant.

ST Guy said:
Of course, if you ever are in an accident and suffer head injury of any type, and if it comes out that your helmet was not really DOT approved, it might be grounds for non-payment of medical expenses.

There are so many DOT helmets available, why not just get one that's approved?
Click to expand...

If you're talking motorcycle/car insurance payment or any other type of civil liability, it probably wouldn't be non-payment. For example, if someone else caused the collision, they'd still be civilly liable. But it would provide ammo the insurance companies / attorneys would use to try and reduce liability. They would argue that had the rider been wearing a DOT compliant helmet, their injuries would be less severe (whether true or not) and that they should only be liable for partial medical expenses, etc. Why give them that ammo?
 
TheRiddler said:
That's it.

We're not allowed to determine if a helmet meets the required safety standards. But if you have no helmet, then there's no question.
Click to expand...

I mean, that's sorta fair right?

The law is that you have to wear an DOT approved helmet. Is there a law that says that the helmet has to have a label on it? (Yes, there is: it's Federal, 49 CFR § 571.218 S5.6, State defers to the Feds for this) Are people not allowed to remove labels from their things? Custom paint it? It doesn't say it can't be removed. But I think all of these regulations are about the SALE of the helmet, not the use. IANAL.

Despite the dire warnings, I'm told we're actually allowed to remove pillow and mattress tags.

(I appreciate the challenges such circumstances present in terms of enforcement.)
 
bojangle said:
Buying a DOT sticker off Amazon doesn't make a helmet compliant.



If you're talking motorcycle/car insurance payment or any other type of civil liability, it probably wouldn't be non-payment. For example, if someone else caused the collision, they'd still be civilly liable. But it would provide ammo the insurance companies / attorneys would use to try and reduce liability. They would argue that had the rider been wearing a DOT compliant helmet, their injuries would be less severe (whether true or not) and that they should only be liable for partial medical expenses, etc. Why give them that ammo?
Click to expand...

Thanks for expanding on my points!
 
bojangle said:
Buying a DOT sticker off Amazon doesn't make a helmet compliant.



If you're talking motorcycle/car insurance payment or any other type of civil liability, it probably wouldn't be non-payment. For example, if someone else caused the collision, they'd still be civilly liable. But it would provide ammo the insurance companies / attorneys would use to try and reduce liability. They would argue that had the rider been wearing a DOT compliant helmet, their injuries would be less severe (whether true or not) and that they should only be liable for partial medical expenses, etc. Why give them that ammo?
Click to expand...

It was discussed in another thread within the last 6 months or so, but... I think that if a helmet does not meet DOT standards, that does. It make it inferior. Many ECE standards are higher than DOT/Snell. If the rider can show that the helmet met higher standards, even if not technically DOT certified I think they would be ok in the long run. It would take a competent attorney with an understanding of Euro certs and stuff, because if it’s that serious where there is litigation, the rider is probably in no position to bring forward that information.

If I remember correctly, Suomy helmets are not DOT certified. But..... if they are good enough for the MotoGP grid and meet FIM standards I can’t imagine anyone making a successful argument that the lid is less safe.

EDIT: Correction.... Suomy helmets are DOT, but not Snell certified. The point remains, though.
 
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^^^ Yeah, good point. :thumbup
 
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