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64 S.D. L. Rev. 313 (2019)
The Helmet Law in Nevada: How to Hassle Harley Riders

handle is hein.journals/sdlr64 and id is 355 raw text is: THE HELMET LAW IN NEVADA: HOW TO HASSLE HARLEY RIDERS TRAVIS N. BARRICKt Motorcycle helmet laws have long been a source of controversy between lawmakers, law enforcement, and riders. Nevada's Helmet Law, enacted in 1971, is no different. This article shows how Nevada's Helmet Law hassles riders, particularly Harley riders, through its arbitrary and inconsistent enforcement. No one knows for certain which helmets do or do not qualify under the law. This hassle often causes ticketed riders simply to pay the fine rather than challenge it in court. Revenue generated from unchallenged tickets encourages counties and law enforcement to continue writing tickets. In instances where tickets have been challenged in court, a dismissal invariably follows. When brought to the legislature, lawmakers justify the law as a safety measure, disregarding its overall ineffectiveness. Thus, the kabuki theatre known as the Nevada Helmet Law plays on. I. INTRODUCTION The only thing that is clear about Nevada's Helmet Law is that it is not clear what constitutes an illegal helmet. It is very clear, based upon the current state of the law and its enforcement, that the Helmet Law is being arbitrarily applied in a consistently pretextual manner, predominantly against Harley riders. II. THE HELMET LAW IN NEVADA TO DATE The Nevada Helmet Law was enacted in 1971.1 The law has remained fundamentally unchanged since then.2 Nevada Revised Statutes section 486.231, in its current form provides, in pertinent parts: 1. The Department shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles. Copyright C 2019. All Rights Reserved by Travis N. Barrick and the South Dakota Law Review. tTravis N. Barrick, Esq. Mr. Barrick is a native Nevadan and is licensed to practice law in the state and federal courts of California (2003), Nevada (2005) and Utah (2006), before the Department. of Veterans Affairs (2008) and the Court of Appeals for Veterans Claims (2009). He received his B.A. in Legal Studies (1997) and Masters in Public Administration (1999) from National University, San Diego and his J.D. (2002) from the University of San Francisco School of Law.1. NEV. REV. STAT. ANN. § 486.231 (West 1971 & Supp. 1985). 2. Id.

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