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Helmet Exemption Laws Ny

zeaken

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I have been following the Elio for some time and I am very interested in owning one (close to putting a deposit down) but I am concerned about its motorcycle status in NY where helmets are required.

I read online that the Elio would receive an exception in news articles about the elio in regards to NY but upon closer inspection I can not find any helmet exemption laws for wearing helmets in NY with the exception of use in parades.

Can anyone link me to the law which exempts the Elio for NY?
 

Jeff Porter

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Hi Zeaken, welcome to the forum! One thing I've learned, as I research my own state, is that it's really difficult to find the law and understand the words in the laws. It's a good idea to understand the law rather than talking to the NY DMV, they may tell you one thing and the law says another. So good job on looking for the law itself in a link.

I follow Elio Motors on Facebook, and several times in their posts, a person will ask about NY, and they say that helmet is not required in an Elio for New York. You should be good to go for no helmet.
 

zeaken

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Thanks for the welcome.

I am aware of the fact that it is a "green state" but the law text does not support that designation.

Here is from NY.VAT.LAW 381
"6. It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The commissioner is hereby authorized and directed to adopt regulations for helmets which are consistent with the requirements as specified in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The police authorities of a city, town or village may issue a permit exempting members of organizations sponsoring or conducting parades or other public exhibitions from the provisions of this subdivision while such members are participating in such parades or other public exhibitions."

In short NY law Allows NO EXCEPTIONS for motorcycle riders to be helmet free. That said This may fall under a varying definition of Trike but I can not find any laws on Trikes in NY with respects to helmet laws. My other theory is perhaps elio has convinced the right people and greased the right wheels to define this as a car some how even though it doesn't meet federal guidelines as such with the lack of a rear wheel.
 

Neal

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Hi and welcome. It can definately be difficult to weed through all the laws. What you posted is surely the laws regarding motorcycles. As you stated, there is probably a law regarding trikes or autocycles. I wish knew where to point you for that information.
 

zeaken

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Thanks for the Duh moment Neal! I changed my verbiage search to include "autocycles" rather then trikes and bam found the answer.

The bad news is their is no exception in NY currently and if it releases tomorrow you need a helmet with your elio. The good news is their is a bill to change that A9441-2013. My concern is this was refereed to transportation back on april 30th so I am curious if it died or not or if its typical NY progress.

So long story short, Elio should not have NY listed as green currently.
 

Lil4X

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Enclosed three-wheelers are new to the automotive scene, except perhaps as one-off hobby builds. The law really hasn't been tested yet in court, at least as a "class" case. Within a few months of the Elio's release to the public, I expect a few die-hard holdout jurisdictions may want to uphold the existing law and its definition of "motorcycle", but simply looking at the design and construction of the Elio should obviate the matter. With a roll cage, seat belts, air bags, power windows and lock (sic), and air conditioning, it would be pretty hard to classify an Elio as a conventional motorcycle. If a helmet were to be required for the Elio driver and passenger based on some misguided safety issue, shouldn't convertible versions of conventional 4-wheelers require helmets too?

That's why EM has a number of people working to get antiquated laws changed across the country. So far, they've gotten the issue on the legislative calendar in practically all "holdout" states. That doesn't mean that some states won't make it a local option, and they often do where there might be a controversy - particularly in an election year - but so far, sensible people have prevailed . . . let's hope that spirit continues.
 

zelio

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Thanks for the welcome.

I am aware of the fact that it is a "green state" but the law text does not support that designation.

Here is from NY.VAT.LAW 381
"6. It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The commissioner is hereby authorized and directed to adopt regulations for helmets which are consistent with the requirements as specified in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The police authorities of a city, town or village may issue a permit exempting members of organizations sponsoring or conducting parades or other public exhibitions from the provisions of this subdivision while such members are participating in such parades or other public exhibitions."

In short NY law Allows NO EXCEPTIONS for motorcycle riders to be helmet free. That said This may fall under a varying definition of Trike but I can not find any laws on Trikes in NY with respects to helmet laws. My other theory is perhaps elio has convinced the right people and greased the right wheels to define this as a car some how even though it doesn't meet federal guidelines as such with the lack of a rear wheel.
One thing you might consider is that the change in the law, if there has been one, is effective 1/1/15. EM is very careful about posting accurate information so I sincerely think you can trust their map. Not being accurate would be harmful to their reputation. :) Z
 

zeaken

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I agree the elio should not be helmet bound to a helmet but for that to be the case a law must be present making it so, which it is not currently (hence the bill).

I publically posted on elios wall so we will see if they respond or not. I hope they do and they have an ace up their sleeve I do not see but it looks like the elio is more so pending helmet free then actually.
 
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