Helmet Exemption Laws Ny

[Jim H]

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?

Zeaken, welcome to the forum. Here you can find the most complete and up to date information on all things Elio. Using the search function you can find all the information you can imagine on nearly every topic and the answers to nearly every question you may have. We try to keep the forum informative and entertaining and look forward to your comments and opinions. Enjoy the experience.

 

[zeaken]

It appears Elio is mum on a public post on the issue so it speaks volumes about the situation. I dont know if I can square the time away to troll through all of elio's 42 approved states but if the first one I look at isn't actually what they say it is that's not a good situation and makes me wonder how many are actually elio ready.

 

[karl]

It appears Elio is mum on a public post on the issue so it speaks volumes about the situation. I dont know if I can square the time away to troll through all of elio's 42 approved states but if the first one I look at isn't actually what they say it is that's not a good situation and makes me wonder how many are actually elio ready.

Are you "qualified" to research the law? I live in MA and we have a similar helmet law. There is an old one still on the books about having a vehicle that is fully enclosed... that makes MA green. You certain you looked at all the pertinent information? Then the question what is more pertinent the law or what a cop thinks it is...

 

[zeaken]

For my profession I read lots of legal text on a regular basis and I also have to read lots of law due to personal investments and really poor choices by state legislators (another rant for another forum). That said I am not a lawyer but its not hard to look up case law online and research the actual law. I even sent a request to the senator to ask if this bill was in response to the potential elio market or if it had another product in mind. I am awaiting an answer back but if it is the case where this bill was pushed for elio then I believe that would settle the current legality question.

The question is absolutely not what the cop thinks the law is as that is irrelevant in the long term and ignorance is no excuse for leo or us. That certainly wont stop a cop (or patron) from making the wrong call but that's why we have legal system.

Edit: I do also know a few states to be certainly legal for this vehicle when I was researching another vehicle made by polaris. Overall I would guess that the majority of the states are what elio says they are as NY is known for its restrictive nature but I high doubt it is the only one.

 

[karl]

Have fun http://codes.lp.findlaw.com/nycode/VAT

 

[zeaken]

Have fun http://codes.lp.findlaw.com/nycode/VAT

already had plenty, hence my quote on page one under section 381 regarding helmets.

 

[Jim H]

already had plenty, hence my quote on page one under section 381 regarding helmets.

If you have serious doubts about the Elio at this time I recommend you wait until it is in production and all the States have had time to adjust their statutes. Reserving an Elio at this time is not a good option for someone with doubts about the vehicle, Elio Motors, or the integrity of everyone involved in this process. Obviously, you do not have confidence in this process.

 

[zeaken]

I just looked up Senator Jim Smith of Ne and it doesnt not look like he has submitted bills yet for the elio according to his page. (cursory glance, please feel free to correct). Its starting to look like Elio is calling any state with bills on the table or compliant as green states and those without bills on the table or age issues yellow and red respectively depending on conditions. IMO thats dangerous and deceptive waters to be treading.

That said I hope I am wrong and I hope my Senator will offer some clarity in short order because it would be a bad day for everyone if Elio is being deceptive with its marketing.

 

[Husker1]

I just looked up Senator Jim Smith of Ne and it doesnt not look like he has submitted bills yet for the elio according to his page. (cursory glance, please feel free to correct). Its starting to look like Elio is calling any state with bills on the table or compliant as green states and those without bills on the table or age issues yellow and red respectively depending on conditions. IMO thats dangerous and deceptive waters to be treading.

That said I hope I am wrong and I hope my Senator will offer some clarity in short order because it would be a bad day for everyone if Elio is being deceptive with its marketing.

The next legislative session in Nebraska starts on January 7, 2015. That's when the bill will be introduced.

 

[Husker1]

I got my reply from the Senator today!
"
Thank you for contacting me regarding your interest in purchasing an Elio autocycle and your support for legislation that would ensure the purchase would be a good investment. As you know, the National Highway Traffic Safety Administration has classified the autocycle as a motorcycle and it would therefore be subject to Nebraska's helmet and certification requirements.
The autocycle was discussed at a recent hearing in front of the Nebraska Legislature's Transportation and Telecommunications Committee, of which I am a member. Elio Motors' VP for Governmental Affairs, Mr. Joel Sheltrown, testified at the hearing and pointed out how our motorcycle licensing requirements would make little sense with respect to its applicability to the Elio and that wearing a helmet while operating the vehicle would pose a danger to the driver.

I understand our current laws are outdated when it comes to innovative transportation and have agreed to sponsor legislation in the upcoming session in order to resolve the current conflict in our statutes. The next legislative session begins on January 7. Once the bill has been introduced, you can follow it on the Legislature's website:http://nebraskalegislature.gov/index.php

Again, I appreciate you contacting me about this issue.