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Alaska motorcycle helmet law

In Alaska, a person 18 or older "may not" be required to wear a Motorcycle helmet when operating a motorcycle, if the operator holds a motorcycle license. This law is currently being challenged as "vague," because the law, as written, is unclear as to the precise helmet requirements. As written, the law seems to require that only operators under 18 are required to wear motorcycle helmets.

The law does not address motorcycle helmet requirements for passengers. Because this law is capable of many interpretations, it is advisable to check with Alaska's Commissioner of the Department of Public Safety to determine whether you might be subject to a mandatory helmet law before taking a motorcycle on Alaska roadways.

The law does, however, require that anyone subject to wear a motorcycle helmet must wear a helmet that conforms to the standards established by regulation by Alaska's Public Safety Commissioner. If a motorcycle helmet is required, it must allow for normal peripheral vision and hearing and must minimize neck injuries to the wearer.

LIMITED:
HELMETS REQUIRED FOR ALL RIDERS UP TO AGE 19
HELMETS REQUIRED FOR ALL PASSENGERS
HELMETS REQUIRED FOR NOVICES OR PERMIT HOLDERS

MISCELLANEOUS MOTORCYCLE LAWS

Eye Protection
Required by law unless equipped with windscreen which is 15" or higher above handlebars.

Daytime Use Of Headlight
Modulating headlight permitted.

Passenger Seat
Required if carrying a passenger.

Passenger Footrests
Required if carrying a passenger.

Mirror
Left and right required by law.

Periodic Safety Inspection
Random inspections, required by law.

65 MPH Speed Limit
In effect on designated rural interstate highways.

STATUTE:

Chapter 35. Miscellaneous Provisions. Article 5. Miscellaneous Offenses. Sec. 28.35.245 Motorcycle Helmets.:
" . . . (b) A person who is 18 years of age or older may not be required to wear a helmet while operating a motorcycle if the person is the holder of a license or endorsement to operate a motorcycle."(Approved by the Governor: June 25, 1996.)
.
STANDARDS:

Title 28. Motor Vehicles. Chapter 05. Administration. Article 2. Vehicle Equipment Standards. Section 28.05.081 Approval of vehicle equipment.
"(a) When the commissioner has reason to believe that vehicle equipment being sold commercially in the state does not comply with the requirements of this title or regulations adopted under this title or other statutes and regulations, the commissioner may, after giving 30 days notice to the person holding the certificate of approval for the equipment in this state, conduct a hearing upon the question of compliance of the equipment. After the hearing, the commissioner shall determine whether the equipment is in compliance. If the equipment is not in compliance with the law, the commissioner shall give notice of that fact to the person holding the certificate of approval for the equipment in this state.
"(b) If, at the end of 90 days after the notice of noncompliance given under (a) of this section, the person holding the certificate of approval for the vehicle equipment has failed to satisfy the commissioner that the equipment as sold after the 90 days is in compliance with the law, the commissioner shall suspend or revoke the approval issued for the equipment until the equipment is resubmitted to, and retested by, a testing agency approved by the commissioner and is found to be in compliance with the law. The commissioner may, at the time of retest, purchase in the open market and submit to the testing agency one or more sets of the equipment. If the equipment upon retest fails to comply with the law, the commissioner may refuse to renew the certificate of approval of the equipment.

"(c) After January 1, 1978, a motorcycle helmet may not be manufactured or sold in this state that does not conform to standards established in regulations adopted by the commissioner. These regulations must provide for helmets that allow normal peripheral vision and hearing and minimize neck injuries to the wearer potentially caused by the helmet. For the purposes of this section and AS 28.05.011(2), a motorcycle helmet is considered to be vehicle equipment."

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