New York Motorcycle Regulations
From the Official Compilation of Codes, Rules and Regulations of the State of New York
Title 15. Department of Motor Vehicles
Chapter I. Regulations of the Commissioner
Sub-Chapter D. – Equipment
Part 54. Protective Helmets, Goggles, Face Shields and Wind Screens for Motorcycles
Current through December 31, 2008
Note: Rules are promulgated by the Commissioner of Motor Vehicles. They are not statutes enacted by the legislature.
Section 54.1 Introduction.
(a) The operation of motorcycles has been found to result in a high incidence of disabling personal injuries. The effects of such injuries extend beyond the person injured to the family of the person injured and to the people of this State. Any disabling personal injury may have an economic impact on the public by requiring the furnishing of medical, rehabilitative or welfare aid or assistance. Therefore, the prevention or mitigation of injuries resulting from the more common types of motorcycle accidents by the use of protective helmets, goggles, face shields or wind screens is deemed to be a legitimate concern of this State.
(b) Chapter 979 of the Laws of 1966 provides that the Commissioner of Motor Vehicles shall establish specifications with respect to protective helmets, goggles, face shields and wind screens for motorcycles, and that on and after January 1, 1967, no protective helmet, goggles, or face shield may be sold, offered for sale or distributed for use on a motorcycle, unless such device is approved by the Commissioner of Motor Vehicles in accordance with the regulations established herein.
Section 54.2 Definitions.
(a) Protective helmet.
(a) A device primarily intended to protect the upper part of the wearer’s head against a blow.
(b) Goggles or face shield.
(b) An eye protection device as defined in Regulation VESC-8.
(c) [Reserved]
(d) Wind screen.
(d) A device mounted on a motorcycle forward of the rider designed to deflect wind and/or small flying objects from the body and face of the rider.
(e)-(f) [Reserved]
(g) Harness.
(g) The complete assembly by means of which the protective headgear is maintained in position on the wearer’s head.
(h)-(i) [Reserved]
(j) Projection.
(j) Any part that juts out or extends beyond the surface in abrupt fashion.
(k) Reference plane.
(k) A plane 2.36 inches (60 mm) above and parallel to the basic (anatomical) plane, which shall be located on each head form.
(l) Shell.
(l) The outer material that provides the general form of the headgear.
(m) Sagittal plane.
(m) Pertaining to the anterioposterior median plane of the body.
CASE NOTES:
Wearing of required helmet “cowboy style,” that is on back of head, resting on shoulder blades, defeats stated purpose of helmet requirement, and, so, does not fullfil Vehicle & Traffic Law §381(6), requiring that helmet be worn. People v. Bloomfield, 1985, 495 N.Y.S.2d 133, 130 Misc.2d 151
Section 54.3 Test procedure.
The test procedure for approval of protective helmets shall be the test procedures described in the USA Standard Specifications for Protective Headgear for Vehicular Users Z90.1—1966, as indicated herein. Portions of that test procedure to be employed in tests under this section include the following, with the exceptions and additions given:
(a) Sampling for testing.
(b) Conditioning for testing.
(c) Impact test (titled “Tests for helmets” in USA Standard Z90.1—1966) except that:
(1) If the helmet is designed with external projections on or above the reference plane for the attachment of goggles, face shield or other accessory equipment, impacts shall be delivered to each of these sites; impacts on any such projection may serve as an area impact.
(d) Penetration test, except that:
(1) The padding or harness shall not be removed. The helmet shall rest upon the head form.
(i) If sizing pads are furnished with the helmet, the thinnest size of pad shall be used for this test. If the helmet is equipped with suspension harness, the harness shall be adjusted to the maximum size position.
(2) The outer surface of the head form shall provide suitable electrical contact and circuitry capable of recording electrical contacts of one mille second duration.
(3) The radius of the striking point shall be .0197 inches (0.5 mm).
(4) The diameter of the striker shall be two inches, plus or minus .010 inch.
(5) Height of fall shall be measured from the tip of the striker to the outer surface of the helmet mounted on the test head form.
(6) The helmet shall be subjected to impact of the striker dropped (free fall) onto the outside surface of the helmet in a direction perpendicular to the surface. The points of impact shall be one in each 60 degree quadrant of the helmet at a radial distance four and one-half plus or minus one-half inch from the apex and also at the apex. Ten impacts in these quadrants shall be accomplished on total sample of four helmets with at least one impact on each sample.
(e) Test of retaining system, except:
(1) The required weight or tension shall be maintained for two minutes.
(f) Preparation of test equipment.
(g) Test equipment, including the head form set forth in figures 1 through 5 of the USA Standard Z90.1—1966 procedure.
Section 54.4 Requirements for approval.
A protective helmet shall be approved only if:
(a) it is equipped with reflectorized material in compliance with section 54.5 of this Part;
(b) it meets the identification requirements set forth in section 54.6 of this Part;
(c) it meets the standards established in USAS Specifications for Protective Headgear for Vehicular Users Z90.1—1966 with respect to:
(1) construction, except that the helmet shall provide visual clearance to the extent of 120 degrees to each side of the sagittal plane;
(2) materials;
(3) extent of protection;
(4) labelling;
(5) acceleration levels, for first impacts only; and
(6) retention;
(d) contact of the striker tip as recorded by the electrical circuitry on the outer surface of the head form in the penetration test does not occur and vertical deflection does not exceed 0.788 inches (2 cm).
Section 54.5 Reflector requirements.
Each protective helmet approved by the commissioner shall have a reflectorized surface or have securely affixed thereto reflectorized material on both the left and right side of such helmet. Such reflectorization must cover an area of at least four square inches on each side of the helmet. If reflectorized material is attached to the helmet, it must be affixed with a suitable permanent, weather-proof and water-resistent adhesive substance.
Section 54.6 Identification requirements.
Each helmet approved by the commissioner shall be labelled on the outside of the helmet above the base of the rear of the helmet with letters or numbers at least one-quarter inch in height with the manufacturer’s trade name and model name or number, which shall be the same name or number under which the helmet has been approved.
Section 54.11 Eye protection.
(a) A motorcyclist may use any eye protection device that has been manufactured in conformity the Regulation VESC-8. A motorcyclist may not operate a motorcycle unless he is wearing such eye protection.
(b) Regulation VESC-8 refers to the eighth regulation of the Vehicle Equipment Safety Commission. Such regulation may be obtained by writing to Vehicle Equipment Safety Commission, Suite 802, 4660 Kenmore Avenue, Alexandria, VA 22304.
