How do I determine if a motorcycle helmet is legal?
In the State of Washington, RCW 46.37.530; Motorcycles-Helmets and other equipment rules, is the state law that requires a helmet to be worn while operating a motorcycle. Specifically subsection (3) states; “For the 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 type retention system, with the manufacturer’s certification applied in accordance with 49 C.F.R. Sec. 571.218 indicating that the motorcycle helmet meets standards established by the United States department of transportation.” With that being said, we must understand what “49 C.F.R. Sec. 571.218” means.

U.S. Department of Transportation (DOT), through the National Highway Traffic Safety Administration (NHTSA), and the Federal Motor Vehicle Safety Standards and Regulations (FMVSS) the required standards are established and set. Washington State law adopted the standards. Title 49 of the Code of Federal Regulations (CFR), Part 571-Standard 218 (49 C.F.R. Sec. 571.218) sets the minimum standards for a legal helmet in the United States. A bit of trivia, FMVSS sets the minimum standards for all motor vehicles and motor vehicle equipment (seat belts, mirrors etc.) sold in the United States. You will be able to identify a legal helmet when you understand these minimum standards.

That’s a very long document, so I’ll make this as simple as possible. There are two dead (no pun intended) giveaways in identifying an illegal helmet:
• FMVSS 218 compliant motorcycle safety helmets will have a firm inner liner of polystyrene foam that is about one inch thick. In some helmets this may covered by a comfort liner, but you can feel the thickness. Non-compliant helmets normally contain no liner or thin soft foam padding. Layman’s language, if you don’t have a minimum of one-inch padding between your head and the hard outer shell of the helmet, it’s not legal.
• The neck or chin strap retention system must be secured and made of metal fasteners.
These two, of many helmet requirements are the two easiest identifiable requirements. If a motorcyclist is riding with a helmet that doesn’t meet these easily spotted requirements, an officer has probable cause to make a traffic stop on the rider. Once the rider is stopped there are other regulations that will prove the helmet is what we call, a “Novelty Helmet.”

DOT Sticker
• Compliant motorcycle safety helmets will have the symbol “DOT” permanently installed by the manufacturer on the back of the helmet. Some “novelty type” helmets are supplied with a separate “DOT” sticker or one can be purchased separately and placed on the helmet by the motorcyclists. This does not make this a compliant helmet.

Manufacturer’s Label
• Each compliant motorcycle safety helmet will have a permanently attached label either sewn or glued in the interior of the helmet by the manufacturer that has the manufacturers name or identification, precise model, size, month and year of manufacture, type of shell and liner construction materials and an instruction label for cleaning and care of the helmet.
Once a suspected rider, wearing a suspected illegal helmet is stopped, the DOT Sticker and/or the Manufacturer’s Label are usually not found on the helmet. I’ve attached the RCW that covers Washington State law requiring motorcycle helmets. I hope this helps to answer your question. If you have any further questions, don’t hesitate to contact us.

Sincerely,
MPD
Washington State Helmet Law

Show All Answers

1. When do I have to stop for a school bus?
2. What is the speed limit in a school zone when the light isn't flashing and I don't see any kids?
3. Is there a restriction on how long a car can be parked on a street in a neighborhood in Marysville?
4. I live on a dead-end street with no sidewalks. There are residents that park on both sides of the street. How many vehicles are allowed to park on residential streets?
5. Does Marysville have any ordinances about people parking on their lawns, using their lawns as a parking area on an on going basis?
6. Can a vehicle park where they are blocking residents mailboxes? Where mail cannot be delivered?
7. Where can I submit a photo of someone parked illegally at the Marysville Post Office and the incident occurred yesterday?
8. My 12 year old son is very disrespectful and is beginning to take property that doesn’t belong to him. Is there a program to scare him straight? He scares me and I don’t know what to do.
9. My friend's sons were recently assaulted. I was wondering if you know of any programs for free self defense classes or if you know of a nearby department that does classes for the community?
10. Can we see more traffic patrols on Ingraham Blvd? It seems to be a race track for diesel trucks. Everyday it starts at 2pm and last until 8pm. These trucks are loud. What is the noise regulations?
11. What is the cut off time in the evening for making noise in city limits?
12. I have a neighbor who likes to have a wood fired pit that when he is burning, makes it impossible for me and many of my other neighbors to have windows open. What are the rules?
13. How do I determine if a motorcycle helmet is legal?
14. Are you able to help serve divorce papers?
15. I found a hypodermic needle near my mailbox on the ground (looks used). How am I to properly dispose of it?
16. Where can I get a copy of a police report?
17. I was wondering why there was such a big convoy of motorcycle sheriffs riding through smokey point this afternoon.
18. Can you get pulled over on a bike or board for speeding down a hill faster than the speed limit?
19. There is a kid who lives in his car near my house. It's weird having him sit in his car all day as other kids regularly walk up to his car before they disappear into nearby garages. What can I do?
20. Can a driver pull into the middle of an intersection, to make a left turn, and stop until the light turns yellow then red before it makes the left turn?
21. If I violate my Notice of Trespass, exactly what will happen to me; will I go to jail and for how long; can I post bail; what type of penalties will I face?
22. What are the city's rules on chickens and roosters?
23. My wife and I would like to apply for a CCW permit. What type of documents are rquired? I had a CCW issued 4 years ago.
24. How long does a temporary transfer of a firearm last and at what point, if any, does the firearm change ownership if the borrower retains possession of the firearm?
25. What are the laws about using a drone to look into someone else's house? A drone flew around our house last night, looking into our windows, and I have no idea who it belongs to. What are the laws?
26. I have my truck parked on my brothers property. Does the city have the right to go onto his property and remove it?
27. Is there any stipulation within MMC 22C.240.020 that specifies a warning must be issued before the infraction can be issued?
28. How do I ask a police officer a question?