This report brings us to the beginning of preparations for Sturgis and/or Milwaukee’s Harley Davidson 105 year celebration. For those able to participate in either or both of these endeavors—RIDE SAFE. I will be attending my Sturgis alternative run at Beaver Creek Oregon.
I would like everyone to know that we have a new chapter in ABATE of Washington. It is the Columbia Gorge Chapter, centered in Goldendale and encompassing a large area of Klickitat County and The Dalles portion of the Gorge. The chapter was introduced, ratified and chartered at the July Board of Directors meeting. The officers were in attendance as well as a large number of members. Their contact information will be on the state web site soon as well as in the newsletter. They have as of the July BOD, 40 members. This is the second new chapter this year accounting for more than 100 new members.
Helmet citations are still happening despite the 2003 definition of what constitutes a legal helmet. The bill turned into law in 2003 fully describes a legal helmet. There have been several cases of helmet citations being issued with RCW’s and WAC’s that do not exist anymore. If you get any kind of citation, be sure to check out the RCW and/or WAC stated on the ticket to make sure it is correct. You can go to the Revised Code of Washington or the Washington Administrative Code by typing in RCW or WAC of Washington. There are also links on the state web site. Below are inserts from Shannon Inglis, Assistant Attorney General, Criminal Justice Division (She advises the WSP) and Melissa Van Gorkom, Washington State Patrol. These inserts are email answers to my questions of helmet citations and RCW’s listed as the law being violated:
“June 23, 2008 Mr. Campbell – I believe that I have responded to a prior inquiry from you relating to the WSP because I am the Assistant Attorney General that advises the WSP. I do not find the RCW in the current statutes and will forward this information to the Code reviser’s office for consideration as well as to the WSP who will ensure that the correct person follows up. Signed; Shannon Inglis, Assistant Attorney General, Criminal Justice Division.”
The answer from the WSP:
“June 26, 2008 Mr. Campbell – Thank you for your recent inquiries regarding your concern of a ticket being issued under RCW 46.73.183. I believe that through the correspondence you have received from both Shannon Inglis and the WSP Equipment Section of the WSP, it is clear that RCW 46.73.183 is NOT a current statute in the state of Washington. The Revised Code of Washington 46.37.350 provides the requirements for a motorcycle helmet in Washington State and states;
“(3) For purposes of this section, “motorcycle helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap retention system, with a sticker indicating that the motorcycle helmet meets standards established by the Unites States Department of Transportation.”
The pamphlet you referenced on the WSP Web site was developed to provide consumers with some tips on how to tell if a helmet meets the standards established by the United States Department of Transportation. This pamphlet does NOT establish additional requirements for a motorcycle helmet.
Thank you for bringing the citation mentioned in your email to our attention. We will be forwarding this information to the appropriate supervisor so they can review and respond accordingly with any training necessary too resolve the issue. If you have additional questions, or if we can be of further assistance with regard to this matter, please let us know.
Sincerely, Melissa Van Gorkom,
Washington State Patrol, (360)596-4017”
What is important about these emails are the fact they quoted the existing helmet law as well as stating the information on the WSP site for legal helmets DOES NOT ESTABLISH ADDITIONAL REQUIREMENTS FOR A HELMET as some officers have tried to use in legal helmet definitions. A couple of problem areas of enforcement have been the Hwy 167 corridor, Hwy 12 between Naches and Yakima and Hwy 97 between the Oregon border and Toppenish.
The National Department of Transportation does not approve helmets. Helmet manufacturers only attest that the helmet meets the DOT standards (FMVSS-218) and then applies a sticker.
Respectfully Submitted,
Mike Campbell
ABATE of Washington Ambassador-at-Large
Washington State MRF Co-Rep