This is for all U.S. residents or visitors:
We'd just covered over a thousand miles of touring, camping out and
seeing the sites in Eastern Oregon, Washington and Idaho. My friend and
I were attempting to ride home to Oregon through the state of Washington
in 105 degree heat. We were tired and hot, and stopped at a little place
to the west of Walla Walla named "Touchet". As we were rehydrating and
hanging out in the air-conditioned quickie-mart there, a Washington
State Highway patrolman (sorry, I didn't get his name or license)
started giving us a long, deliberate and malevolent eye as he stood in line.
I wondered to myself what in the world we could possibly be doing
that was illegal and could come up with nothing. Eventually he left (I
thought) but he really went outside to sit in his car and wait for us.
When I went outside to remount, from the front seat of his car he
told me that if I put on my beanie and rode, he would cite me *and* (now
get this) _"SEIZE"_ my motorcycle.
Not "impound" mind you, but _SEIZE_!
I asked him if he'd ever heard of the constitution and he admitted
that he had, but basically blew it off much in the same fashion that
George Bush has referred to it as "Just a Goddamned Piece of Paper!":
http://tinyurl.com/232hv3
I then told him there was nothing wrong with my helmet (yes, it was a
beanie as was my friend's) and showed him the DOT sticker on the back of it.
"That helmet isn't legal in the state of Washington. The new law,
effective on the 22nd (notice that he avoided saying which month he was
referring to) says that Washington is going to adopt federal guidelines
for helmet construction."
"There ARE no federal guidelines for helmet construction."
"Yes, there are now. They just changed it (lying through his teeth.)
Standards for padding thickness, straps, etc. are all clearly defined in
that law."
Not wanting to give him any more of what he wanted, instead of asking
what law he was referring to I simply said, "There are better things to
bust a guy's chops about than helmets. My friend and I are just trying
to get home. Once we're back in Oregon, we won't be coming back."
"If that's the case, then I'll let you go through as long as you
don't come back into Washington wearing that helmet. However, if another
officer sees you, he's going to give you a ticket."
/'Yeah, right,'/ I thought to myself. I've had cops pull that kind of
thing on me before and was not about to fall for it again. I NEVER
believe anything that a cop says at face value. IME, they will make up
laws and lie their collective asses off to entrap you into doing
something so that they can bust you anyway. "Let you go through"
translates directly to "just try to get on your bike and I will nail
your ass to the wall."
I simply said, "Thanks."
In the mean time, my friend had come out of the store and he also
politely thanked the trooper for the warning, after which the guy drove
off towards the west on Highway 12. To be fair, I do have to admit that
he could have simply gone up the road and laid for us, but he did give
us fair warning.
On the other hand, immediately after he left, a guy in his thirties
ran up to us and said, "That guy's a real asshole. Don't believe him.
He's going to lay in wait for you up the road and nail your ass. He got
me and my old lady last week for the same thing. He ticketed me and not
my old lady for some reason, but then let us drive off. Since you're
from out of state, you can bet that he's going to do whatever he can to
fuck with you. Your best bet is to go up Hanson Road or Touchet North
and try to cut around him."
As my friend and I were discussing our options, an older guy came up
to us and asked us if we'd seen the unmarked stater go blasting by just
then, also heading east. Now it became obvious what the cop's plan was.
He wouldn't give us the tickets- he'd leave that honor to his buddy in
the unmarked car.
My friend and I thought about all this but decided that the best
thing to do was to gas up quickly and do a 180 back to Walla Walla. From
there, we would bag ass over the border into Oregon where we would
presumably be safe (turned out we were.)
On the way back to Walla Walla, ANOTHER unmarked state highway
cruiser went blasting by us in the opposite direction. I guess he didn't
ID us as the bikers who needed some grief, so we continued on our way at
the speed limit unmolested.
Once in Walla Walla, we headed down Highway 125 into
Milton-Freewater, Oregon and as we crossed the border, my friend waved
goodbye to Washington. I also waved but for some reason, all of my
fingers but one were unable to straighten into the upright position if
you get my drift.
The rest of our ride was both cooler and uneventful, but we had to
ride many miles out of our way to avoid getting a ticket.
You are advised to avoid the state of Washington if you wear a beanie.
In response to this incident, I decided to try to obtain a link to the
NHTSA's (DOT) standards for helmet construction. The federal standards
describing approved motorcycle helmets are in Federal Motor Vehicle
Safety Standard (FMVSS) 218.
_FMVSS 218_
Remember that number, my friends. And better yet, try to find it on an
official United States government website.
Can't find it? Here, I'll help you:
http://www.nhtsa.dot.gov/portal/site...ewName=Article
or better yet:
http://tinyurl.com/ywqy7n
It can be gotten to by doing the following:
1. Go to the NHTSA home page at
http://www.nhtsa.dot.gov/
2. Click on the "Traffic Safety" tab (note: NOT, as would be expected,
the "Vehicles & Equipment" tab)
3. In the light blue left hand column, click on "Motorcycles"
4. Scroll down to "Studies & Research"
5. Click on "Federal Motor Vehicle Safety Standard No. 218 (Motorcycle
Helmets)"
(My thanks to Michael at the NHTSA Motorcycles division for his help in
finding out how to do this. It took me over three hours to get this
information. In the process, I was hung up on, yelled at, deliberately
made to believe that I had a bad connection and so on. Finally I was
forwarded to Michael, and his patient and helpful demeanor was greatly
appreciated.)
Note though, that the current version of the actual wording of the
standards is apparently only available from the "Federal Register":
http://www.gpoaccess.gov/fr/index.html
The wording at the NHTSA link I provided may or may not be current
("Revised as of October 1, 1997" and the current version is 2002 I
believe) but it's the best I can find. I spent over an hour searching
the Federal Register, but to no avail.
So much for "ignorance of the law is no excuse." Now it would appear
that we the people are deliberately being held in ignorance of laws so
that we can be arrested or hassled at any time.
Also note this website (a vague description of how to identify an unsafe
helmet):
http://www.nhtsa.dot.gov/people/inju...ages/page2.htm
I've been wearing that beanie for over 20 years now. However, I want to
obey the law and will start wearing my other helmet which has one inch
of styrofoam lining and is DOT approved. What gets me though, is that
helmet law are so deliberately obfuscatory and vague. IMO, both the
government and the legal industry (I no longer refer to it as a
profession) do this intentionally so that they can always snap
"IGNORANCE OF THE LAW IS NO EXCUSE!!" and then suck legal fees off of
you. They don't give a FLYING FUCK about your safety, or whether or not
you are found guilty or not. They just want those legal fees. And to get
you into a court of law, they have to deliberately make the standards
and guidelines, which you and helmet manufacturers are supposed to
follow, as vague and hard to find as possible so that you will BREAK THE
LAW NO MATTER HOW HARD YOU TRY NOT TO.
Remember this:
1. If you bought your helmet and the DOT label separately, then you put
the label on later, you are going to most likely be found guilty. Period.
2. All helmets sold in the United States have to be designed within the
FMVSS 218 standards by federal law (I forget which, but believe me,
this is the case.)
3. Novelty helmets aren't worth the money you pay for them as more and
more states that have helmet laws are changing such laws to read that in
their state, helmets must meet federal standards.
4. Those standards are damned near impossible to find and when you do,
they are both incomplete and old. For instance, note that there are
supposed to be illustrations included with FMVSS 218 but that they have
been ommitted from the NHTSA website.
If anybody has better luck finding the current version of FMVSS 218 at
the Federal Register, please let me know. I spent over an hour there and
had no luck. I also called them and spent a half hour talking with one
of their reps, and we both gave up.
(Later) I just found this government site which has FMVSS 218 and links
to all the illustrations:
http://www.fmcsa.dot.gov/rules-regul...ction_toc=2113
or:
http://tinyurl.com/3x4g5u
Ride free and welcome to Amerika.
--
John Corliss BS206