Advocacy & Safety - Helmet... law?

I'm moving from Northern Virginia to the Fort Meade area of MD and am currently researching local laws and came across this:

21-1207.1 Helmets required.
(a) In general.
(1) The provisions of this section apply:
(i) At all times while a bicycle is being operated on any highway, bicycle way, or other property open to the public or used by the public for pedestrian or vehicular traffic; and


Don't like mandatory helmet laws, but no biggie I'll wear one if I have to...but here's the end of the helmet section:


(d) Enforcement. – This section shall be enforced by the issuance of a warning that informs the offender of the requirements of this section and provides educational materials about bicycle helmet use.

Now being military I wear helmets to keep out of deep water with my commander as well as the fact that they're required on base, where I do a lot of my riding, so I'm not trying to be deviant here. However, does this mean that the enforcement of breaking this law is that you'll be... pamphleted?

It just reminds me of an instructor I had at one point in time who always used to say that an unenforced standard is only a suggestion. ARE there tickets given out for this kind of thing? Is it enforced?

Here in Australia, if you're caught without a helmet, you will be fined.

I hope that law is not enforced. All helmet laws are wrong. This one's just a reason for police to violate constitutional rights against unreasonable searches in the name of Nixon's "war against drugs" we're still living with.

I'm moving from Northern Virginia to the Fort Meade area of MD and am currently researching local laws and came across this:

21-1207.1 Helmets required.
(a) In general.
(1) The provisions of this section apply:
(i) At all times while a bicycle is being operated on any highway, bicycle way, or other property open to the public or used by the public for pedestrian or vehicular traffic; and


Don't like mandatory helmet laws, but no biggie I'll wear one if I have to...but here's the end of the helmet section:


I am from Laurel (city next to Fort Meade) and I was under the impression that helmets are compulsory only for people under 16, so I googled it and there appears to be a section (ii) to item 1 of 21-1207.1 which says that it applies to a person who is 16 or younger. Look at the link here (http://www.sha.state.md.us/OPPEN/acom_bike_laws1.pdf)

BTW (a) I am not a lawyer (so do not take my comment to be the proper interpretation of law) and (b) I am not taking a stance on the merits of not wearing a helmet as I am acutely aware of the lives they save, having been personally affected by a fatality where a helmet could have saved ones life.

I am from Laurel (city next to Fort Meade) and I was under the impression that helmets are compulsory only for people under 16, so I googled it and there appears to be a section (ii) to item 1 of 21-1207.1 which says that it applies to a person who is 16 or younger. Look at the link here (http://www.sha.state.md.us/OPPEN/acom_bike_laws1.pdf)

BTW (a) I am not a lawyer (so do not take my comment to be the proper interpretation of law) and (b) I am not taking a stance on the merits of not wearing a helmet as I am acutely aware of the lives they save, having been personally affected by a fatality where a helmet could have saved ones life.

I read it as: adults have to wear helmets on public roadways or facilities. Children (16 and younger) have to wear them regardless of where they are.

But your comment made me take a second look and I'm not 100% sure. (I think they do that on purpose)

See:
http://www.helmets.org/mandator.htm

Maryland:
State Law Under 16 1995
Allegany County Under 16 1992
Howard County Under 16 1990
Montgomery County Under 18 1991
Sykesville All ages 1995

I personally wear a helmet when road or mountain biking. Around the neighborhood I more times than not choose to not wear one. It's a simple matter of choice for me, and I fully support ones right to choose. Children are another matter and until they are of age to make a reasonable decision they should wear helmets. BUT to think that helmet laws are just there for " a reason for police to violate constitutional rights against unreasonable searches......., " is really a stretch.

I never lived anywhere that would force a helmet on a bicyclist by law. Every state that I lived in would only require a helmet if you are under the age of 18. Otherwise its your choice to ride with a helmet. I had a cyclist yell at me to wear a helmet even though I am over 18 and not required to wear one. He did this 3 times. Thought it was none of his business and I almost wanted to chase after him and yell at him in return, "WHY ARE YOU YELLING?!!"

It's been a few years, but the times I've been in the Baltimore area, Ocean City, Frederick, etc., I've never been stopped for not wearing a helmet.

Here in Australia, if you're caught without a helmet, you will be fined.

And from what we've seen in another post if ya try to run, you can end up getting chased by a cop car, as well as maced.

Here we can drive any bicycle without any helmet in Stafford :)

Wasn't the attempted tazing and then being blocked and hit by the police car while not wearing a helment in New Zealand, not Australia.

I read it as: adults have to wear helmets on public roadways or facilities. Children (16 and younger) have to wear them regardless of where they are.

But your comment made me take a second look and I'm not 100% sure. (I think they do that on purpose)


When you read 21-1207.1 Helmets required, under Section 1 there is an and between i "At all times while a bicycle is being operated on any highway, bicycle way, or other property open to the public or used by the public for pedestrian or vehicular traffic;" and ii "To a person under the age of 16 who is riding a bicycle, including a person under the age of 16 who is a passenger on a bicycle;" so my unprofessional statutory interpretation would mean that both have to apply. Therefore if you are over 16 you are not required to wear a helment in Maryland. The law would not require a person under the age of sixteen to wear a helment on private property not open to the public.