Monday, May 11, 2009

Messenger Helmet Laws in Chicago...

While there is no state wide helmet law, many municipalities have municipal ordinances requiring helmets. If you are riding through any city with a helmet law and you have no helmet you risk being charged and convicted of a helmet violation. You should be aware of local helmet laws to avoid any trouble.

In Chicago there is a requirement that bicycle messengers have a helmet and safety vest:

4-168-070 Helmet and visible identification – Required. (a) Every licensee shall supply each bicycle operator operating on the licensee's behalf: (1) a safety helmet meeting nationally recognized safety requirements; and (2) a safety vest or other garment of a bright color, prominently displaying the name of the licensee in letters at least one and one-half inches high, and a number or letters or a combination thereof at least four inches high which, in conjunction with the displayed name of the licensee, will form a unique combination permitting identification of the bicycle operator. All letters and numbers shall be of a color contrasting with the background of the garment. The identification number or letters required by this paragraph shall also appear on the bicycle in accordance with rules and regulations promulgated by the commissioner. (b) The operation of a bicycle in the central business area on behalf of any licensee without the equipment required by this section is a violation of this section and shall create a rebuttable presumption that the licensee has violated this section.

There are a couple things I would note about the ordinance language. First, the language of the statute requires that bicycle messengers be provided with a helmet and safety vest by the messenger service. Second, the violation is intended to be charged to the messenger service, rather than the individual messenger.

If you are charged with a helmet violation you will have to appear at 401 W. Superior as a representative of your messenger service. The messenger service will be listed as the actual defendant, and if a fine is ultimately issued it is technically charged to the messenger company. I recommend taking a helmet to the hearing to show compliance. That may be enough to get the charge dismissed.

The worst thing you can do is blow off a hearing. If you miss the hearing they will issue the maximum penalty. Getting the charge and penalty vacated after the fact is exponentially more difficult than just dealing with the ticket at the initial hearing.

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