Alaska Motorcycle Helmet Laws
In Alaska, a person 18 or older "may not" be required to wear a Motorcycle
helmet when operating a motorcycle, if the operator holds a motorcycle license.
This law is currently being challenged as "vague," because the law, as
written, is unclear as to the precise helmet requirements. As written, the law seems
to require that only operators under 18 are required to wear motorcycle helmets.
The law does not address motorcycle helmet requirements for passengers. Because
this law is capable of many interpretations, it is advisable to check with Alaska's
Commissioner of the Department of Public Safety to determine whether you might be
subject to a mandatory helmet law before taking a motorcycle on Alaska roadways.
The law does, however, require that anyone subject to wear a motorcycle helmet must
wear a helmet that conforms to the standards established by regulation by Alaska's
Public Safety Commissioner. If a motorcycle helmet is required, it must allow for
normal peripheral vision and hearing and must minimize neck injuries to the wearer.
LIMITED:
HELMETS REQUIRED FOR ALL RIDERS UP TO AGE 19
HELMETS REQUIRED FOR ALL PASSENGERS
HELMETS REQUIRED FOR NOVICES OR PERMIT HOLDERS
MISCELLANEOUS MOTORCYCLE LAWS
Eye Protection
Required by law unless equipped with windscreen which is 15" or higher above
handlebars.
Daytime Use Of Headlight
Modulating headlight permitted.
Passenger Seat
Required if carrying a passenger.
Passenger Footrests
Required if carrying a passenger.
Mirror
Left and right required by law.
Periodic Safety Inspection
Random inspections, required by law.
65 MPH Speed Limit
In effect on designated rural interstate highways.
STATUTE:
Chapter 35. Miscellaneous Provisions. Article 5. Miscellaneous Offenses. Sec. 28.35.245
Motorcycle Helmets.:
" . . . (b) A person who is 18 years of age or older may not be required to
wear a helmet while operating a motorcycle if the person is the holder of a license
or endorsement to operate a motorcycle."(Approved by the Governor: June 25,
1996.)
.
STANDARDS:
Title 28. Motor Vehicles. Chapter 05. Administration. Article 2. Vehicle Equipment
Standards. Section 28.05.081 Approval of vehicle equipment.
"(a) When the commissioner has reason to believe that vehicle equipment being
sold commercially in the state does not comply with the requirements of this title
or regulations adopted under this title or other statutes and regulations, the commissioner
may, after giving 30 days notice to the person holding the certificate of approval
for the equipment in this state, conduct a hearing upon the question of compliance
of the equipment. After the hearing, the commissioner shall determine whether the
equipment is in compliance. If the equipment is not in compliance with the law,
the commissioner shall give notice of that fact to the person holding the certificate
of approval for the equipment in this state.
"(b) If, at the end of 90 days after the notice of noncompliance given under
(a) of this section, the person holding the certificate of approval for the vehicle
equipment has failed to satisfy the commissioner that the equipment as sold after
the 90 days is in compliance with the law, the commissioner shall suspend or revoke
the approval issued for the equipment until the equipment is resubmitted to, and
retested by, a testing agency approved by the commissioner and is found to be in
compliance with the law. The commissioner may, at the time of retest, purchase in
the open market and submit to the testing agency one or more sets of the equipment.
If the equipment upon retest fails to comply with the law, the commissioner may
refuse to renew the certificate of approval of the equipment.
"(c) After January 1, 1978, a motorcycle helmet may not be manufactured or
sold in this state that does not conform to standards established in regulations
adopted by the commissioner. These regulations must provide for helmets that allow
normal peripheral vision and hearing and minimize neck injuries to the wearer potentially
caused by the helmet. For the purposes of this section and AS 28.05.011(2), a motorcycle
helmet is considered to be vehicle equipment."
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