the letter I received from the webmaster of the "Helmet Law Defense
League" as I received it in email.
you, as tax-paying,motorcycle-riding residents can do something about this
should you choose.
original email to the webmaster)
8:36 PM 12/18/01, SCLongHairBadBoy@aol.com wrote:
my old stomping grounds have failed once again in their fight
to repeal the helmet law. The old statute has been re-worded making the
defense you speak of, unusable.
Read for yourself:
Thank you for your time and attention to making the update available to
everyone who visits your website on a regular basis.
(I'm not from New Hampshire, but damn, they have a great motto!)
Live free or die!
Columbia, SC / Hawthorne, NJ
Re: Regarding NJ helmet law
12/18/01 8:53:14 PM Eastern Standard Time
From: firstname.lastname@example.org (quig)
I'm a little behind on my updates, but check this out!:
NJDMV IS TRYING TO PULL A FAST ONE. They adopted emergency helmet
regulations on 11/15/01. These are only good for 60 days as long as they
re-adopt them under normal non-emergency procedures. Normal procedures
require that the regulations to be adopted be published ahead of time in a
"rule-making calendar" that comes out each quarter. If the regulations
were not in the calendar, then the calendar must be amended and they have to
wait 45 days after publication of the amended calendar before they can start
the normal procedure.
As part of the emergency adoption notice, NJDMV also included a notice
that it was starting the normal non-emergency adoption procedure. However,
the adoption of helmet law regulations was never published in a previous
rule-making calendar. Therefore, they had to amend their calendar and publish
it, BUT THEY NEVER DID.
They are now claiming that they don't have to amend their calendar and
wait 45 days because of the exception in emergency cases. That is the
exception they used to adopt the emergency regulations Now they are trying to
that exception to avoid amending their calendar as part of the normal
adoption procedure. This does not appear to be a correct application of the
What's this mean? NJDMV adopted emergency helmet regulations on
11/15/01.They expire in 60 days on 01/14/02. They can get an extension of the
emergency regulations for another 60 days if they get the OK from the Assembly
Senate, which would be a difficult thing to do. So, the emergency regs will
expire on either 01/14/02 or 60 days later on 03/15/02. If they had followed
the normal procedures, they would have had to amend their calendar, publish
it, wait 45 days, give 30 days notice of their intent to adopt the regulations
then adopt them. That probably would have taken more than the 120 days that
the emergency regs would last. Without the emergency regs and no normal
regulations..NO HELMET LAW!
Right now, NJDMV has scheduled a public hearing for 12/21/01 on the
adoption of new helmet regulations consistent with FMVSS 218. Thereafter, I
they intend to adopt the new regs before 01/14/02.
In my opinion, they are not following the normal procedures and this
violates the law. I have sent them the attached letter protesting the
procedure and expect to challenge the procedure in court if they adopt the
In the meantime, members of the motorcycle riding community need to be
heard on this issue. Show up at the hearing or e-mail, fax
or write a
letter similar to the one that follows. You can go to my website
(www.law4hogs.com) and, under "helmet law" click on the e-mail
DMV, DiFransesco and McGreevey. Or, you can fax a letter to the legal dept.
at DMV @ 609 984-1528, but you must mail a hard copy as well. DO IT NOW AND
E-MAIL EVERYONE YOU CAN TO DO THE SAME.
Attention DMV Legal Staff
Re: Motorcycle Helmet Regulations
I object to the use of the use of NJAC 1:30-3.3(a)3 to avoid the
publication of an amended rule-making calendar in connection with the
adoption of the proposed helmet law regulations.
cc: Governor-Elect McGreevey