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New Jersey Motorcycle Helmet Laws

STATUTE: Title 39. Motor Vehicles and Traffic Regulations. Subtitle 1. motor Vehicle and Traffic Laws. Chapter 3. Motor Vehicles. Article 3. Equipment. Section 39:3-76.7. Protective Helmet of Proper Size To Be Worn By Operator and Passenger . . . :
"No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the director. . . ."

FINE: "NJ statute dictates a fine not exceeding $25 for violation of the helmet "law". No points are issued.

STANDARDS: Title 39. Motor Vehicles and Traffic Regulations. Subtitle 1. motor Vehicle and Traffic Laws. Chapter 3. Motor Vehicles. Article 3. Equipment. Section 39:3-76.7. Protective Helmet of Proper Size To Be Worn By Operator and Passenger . . . :
"The director is authorized and empowered to adopt rules and regulations covering the types of helmets and the specifications therefore and to establish and maintain a list of approved helmets which meet the specifications as established hereunder. For the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering.
b. The director shall not assess motor vehicle points for the failure of a motorcycle operator or rider to wear a protective helmet.

MISCELLANEOUS MOTORCYCLE LAWS


State Funded Rider Education

Available for all eligible applicants.
Eye Protection
Required for instructional permit holders.
Required unless equipped with wind screen.
Daytime Use Of Headlight
Modulating headlight permitted.
Passenger Seat
Required if carrying a passenger.
Passenger Footrests
Required if carrying a passenger.
Mirror
Required by law.
Periodic Safety Inspection
Required by law.

NEW JERSEY: DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

The New Jersey Law Against Discrimination NJ Rev. State 510:5-4, provides that "All persons shall have the opportunity... to obtain all the accommodations, advantage facilities, and privileges of any place of public accommodation,, without discrimination because of race, creed, color, national origin, ancestry, age, marital status are subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right" Any person whose exercise or enjoyment of rights secured by the Constitution or laws of the United States has been interfered with, or attempted to be interfered with may institute and prosecute a civil action for injunctive and other appropriate equitable relief including the award of compensatory monetary damages. The U.S. Supreme Court ruled in the case of Cohen v. California, 403 U.S. 15, (1971) that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. The United States Supreme Court has long recognized and protected the right of an individual to freedom of association. Thus, a person's right to wear clothing of his choice, as well as his right to belong to any club or organization of his choice is constitutionally protected; persons or establishments who discriminate on the basis of clothing or club membership are subject to lawsuit.

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