Gotta hand it to Quigley, though. This is a pretty clever way to stick it the eyes of the safety nazis. And he actually found a judge in Kalifornia who evaluated a law based on what it said rather than what the judge thought the law should be. Pretty amazing.
It's pretty funny when someone who is dumb enough to ride without a helmet is still smarter than the clowns who wrote the helmet law.
Judge Barton wrote: "The CHP is the only State agency authorized by the statutes to adopt reasonable regulations establishing specifications and standards for motorcycle safety helmet. The CHP's failure to adopt such regulations, and make them available to the public, has rendered the helmet law statutes void for vagueness as applied.
It is a shame that the judge relied on the vagueness of the law instead of just saying that the state has no business interfering with an individuals right to make decisions about his own safety.
The result is good, and God bless Quigley for his civil disobedience, but it wont take CHP long to take the vague out of it. Here, Ill do it for em:
"All operators and passengers on motorcycles operated on public roads shall wear helmets certified by the manufacturer to meet United States Federal Motor Vehicle Safety Standard (FMVSS) 218 for motorcycle helmets. The outside back of all such helmets shall bear the letters "DOT" as originally applied by the manufacturer of the helmet."
Case closed, and California can go back to protecting law-abiding citizens from themselves.
Our entire court system, and every other govt' run bureaucracy need to be replaced by for profit competing private enterprises. It is only then that will stop being treated like someones privately owned livestock, and start to be responsible for ourselves. Down with the nanny state!
Keep listening Dave. A wise old man once gave me this advice, "I never learned anything while I was talking". Seruzawa has been around the block a few times, and what he says usually bears consideration.
I can't stand Big Brother rules from the government. Hovever, Joe Citizen needs to pony up to the flip side of freedom and that is called Responsibility.
So, no helmet and you get in a wreck, if you have the money, insurance or whatever is required to pay for your medical costs, rehab etc., then make your own choice concerning your personal safety. That's what used to make America great and free and is the way it should be again.
If you can't pay for any of that, then I don't think my insurance pool, my tax dollars or anything else that belongs to society at large should be spent, used etc. to take care of your sorry ass. Problem is, for everyone of us who don't want the government to take care of us and who are willing to accept responsibility for ourselves, there seems to be ten others who can't be relied on think for themselves even when their lives depend on it.
Actually his point still makes sense... I pay for extra medical insurance to ride a motorcycle above and beyond my normal health insurance. The reason I do this is in the case that my normal health insurance was to reject my claim because I was riding a motorcycle. I think if you ride without a helmet you should buy more coverage i.e. call it no lid (idiot) coverage... If you ride with out a lid and you don't have coverage too bad you will have to pay for your hospital bills yourself. Of course, in kpaul's America every U.S. citizen would have basic health insurance. Like the rest of the industrialized world.
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