North Carolina Motorcycle Helmet Laws
STATUTE: Article 3. Motor Vehicle Act of 1937. Part 10. Operation
of Vehicles and Rules of the Road. Section 20-140.4. :
"(a) No person shall operate a motorcycle or moped upon a highway or public vehicular
area:
"(2) Unless the operator and all passengers thereon wear safety helmets of a type
approved by the Commissioner of Motor Vehicles. . . ."
STANDARDS: Article 3. Motor Vehicle Act of 1937. Part 10. Operation
of Vehicles and Rules of the Road. Section 20-140.4. :
"Of a type approved by the Commissioner of Motor Vehicles. . . ."
six of this section and within the requirements specified in section 571.218 of
the federal motor vehicle safety standards as may from time to time be amended."
MISCELLANEOUS MOTORCYCLE LAWS
State Funded Rider Education
Available for all eligible applicants.
Daytime Use Of Headlight
Required by law.
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.
65 MPH Speed Limit
In effect on designated rural interstate highways.
NORTH CAROLINA: DISCRIMINATION ON THE BASIS OF MOTORCYCLE ATTIRE IS ILLEGAL
Article L Section I of the North Carolina Constitution provides that "all persons
are created equal; that they are endowed by their Creator with certain inalienable
rights; that among these are life, liberty, the enjoyment of the fruits of their
own labor, and the pursuit of happiness" Article L Section 19 of the North Carolina
Constitution provides that "no person shall be denied the equal protection of the
laws...." In Cohen v. California, 403 U.S. 15 (1971), the United States Supreme
Court ruled that American citizens have the first amendment right to wear clothing
that displays writings or designs. Additionally, the right of freedom of association
has long been recognized and protected by the United States Supreme Court. Accordingly,
in North Carolina an individual's right to wear motorcycle attire is constitutionally
protected. and individuals or establishments who discriminate on the basis of motorcycle
attire are subject to lawsuit.
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