CBA/ABATE of NC

North Carolina Helmet Citation Defense Project

On 19 July 2007, the North Carolina General Assembly ratified HB 563 which included a section requiring all riders and passengers on motorcycles to wear USDOT FMVSS 218 safety helmets as standard safety equipment.   The Governor signed the bill into law and it becomes enforceable in January 2008.

This law was passed through political partisan maneuvers.  Political partisanship nullified the reasoned decisions of informed committee members.  Back-room political manipulations, designed to support special interests, were used to force party members to vote along “party-lines” regardless of the facts of the issue.

During bill consideration, the Judiciary Committee of the NC Senate reviewed the arguments and facts presented by both sides of this issue.  The committee deliberated and determined that this was a bad law.  The majority of the members of the committee voted to remove the section pertaining to FMVSS 218 compliance. 

The section pertaining to FMVSS 218 compliance was placed back in the bill on the floor of the Senate Chamber with little debate and, no discussion of the facts presented by representatives of the affected citizens.  In other words… this law is a Totalitarian Act being imposed on the citizens of North Carolina without our consent and in direct conflict with our expressed interests!

CBA/ABATE is not anti-helmet… we are pro-rider-choice.  However, CBA/ABATE is adamantly opposed to any totalitarian act, and believes that it is important to continue this fight in the courts.  In order to help citizens defend themselves against this abomination, CBA/ABATE of NC has formed the "Helmet Citation Defense Committee". 

The purpose of this committee is to develop and disseminate information and materials to be used by individuals, in the legal battle in court against the increasingly more oppressive helmet laws of North Carolina.  A special financial fund has also been established, to assist with organizational costs for legal counsel, materials, and procedures that may be involved in CBA sanctioned legal defense activities.

It pays to fight the battle in the courtroom. 

The state of North Carolina has established that  the cost of a helmet violation is $100.  The fine is $25 and the court costs are $75.  The fine for a helmet violation for a passenger is $10… there are no court costs for passenger helmet-violations.  If you appear in court to defend against the citation, and are found guilty,  it still costs the same… However, if you challenge the citation and win, it costs you nothing.

Assistance and Support are Available

The recently formed NC Helmet Citation Defense Project (HCDP) has leaped forward under the dynamic leadership of Chairperson “Super-Susan” of the Hickory Chapter of the CBA/ABATE.  HCDP Team members are well prepared to assist and support fellow riders who receive a helmet citation and wish to present their own defense in court.  Bear in mind… Team members are not lawyers, nor legal professionals; they are simply concerned bikers, preparing their own defense, who are willing to share their materials, knowledge, and experience with others of like mind. 

Contact a member of your local CBA/ABATE chapter, or attend a local chapter meeting to share in the free information and see what CBA is doing for all bikers in NC.  We hope your visit will help to encourage you to fight the citation in court. 

Please note the following communication from "Super-Susan", the NCHCDP chair:

I have spent the past week reviewing and modifying the Project's legal brief.   It can now be customized for any cited rider to include their personal information and individual statement of case.  There is also a "Motion of Discovery" which can be customized to meet individual needs and submitted to the court at arraignment.

The team has developed an interview form to be used when contacted by a cited rider.  This information will assist in the creation of the rider's personal brief and provide a record of the conversation and related notes.  Access to this personal information will be restricted to project administration, and team members who work directly with the cited rider. 

A State-wide Network at Work for You

Each CBA/ABATE chapter in NC is designating a chapter project liaison to manage materials, educate riders, and collect information from cited members and other riders in their communities who choose to pursue a defense against citations issued under the parameters of this oppressive law.

Members of the HCDP are scheduling presentations at CBA/ABATE chapter meetings, and will entertain invitations to meet with any motorcycle organization to, share ideas, materials, and help to coordinate your organization’s activities.   However, please keep in mind the following:

1.  The materials Super Susan and the Team have prepared were developed using legal arguments and materials that have demonstrated success in North Carolina Courts.  The new law (requiring DOT FMVSS 218 compliant helmets) goes into effect in January.   We are reviewing previous precedent setting cases from other states, and developing our legal strategy for defense against the standards established by the new law.  Although the physical structure of the packet may remain similar, the legal standards and arguments will change effective 01 January 2008.

2.  Even though we have received several generous donations from individuals, and CBA/ABATE of NC, the budget for the NC Helmet Citation Defense Team is still very limited.  Money is currently being spent on committee infrastructure, and preparing and disseminating materials.   

Eventually we will need to pay legal fees to have a lawyer file and defend a case in the North Carolina Court of Appeals.   Although individuals can prepare a defense, and serve as their own defense counsel in the lower courts, it may prove to be less than wise, to risk an Appeals Court decision using lay-persons.   Our failure to understand the process, or procedures of law  could result in establishing a legal precedent that would interfere with our progress in getting this law overturned by the courts. 

We are not asking for donations, however, we are asking that inviting organizations consider helping to defer the costs of transportation and lodging (as necessary) when an HCDP Team member comes to deliver a presentation and share information.

To find out more about the Helmet Citation Defense Project and/or schedule a presentation for your motorcycle organization contact Super Susan at:  NCHCDP@msn.com

It is your lifestyle, your decision, and your freedom. 

Doc Ski

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