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Myrtle Beach Helmet Law

USConstitution.jpg


Please point to the place in the above document that authorizes any level of government to require an adult to wear a helmet.

I always wear mine because of the law my sweet wife imposes on me.

Unfortunately, that document is little more than toilet paper to many of those who swear to uphold it. Look at the Supreme court nominees!
 
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Sounds like a noise ordinance issue which would be more difficult to overturn

The State has a sound level maximum that the offenders exceed. The city doesn't even have to write a law to take care of that. They simply adopt the state ordinance (which I guarantee you they already have).

So, all they have to do is enforce what is already on the books and they don't have to worry about getting anything overturned.
 
As a resident of the state of SC, I am glad to see that the Supreme Court still appears to have some sense. I have always wondered how a city could pass a law that trumps the state law? The state law has always been clear about the wearing of a motorcycle helmet.

The permanent residents of Myrtle Beach began complaining that Bike Week was turning into Bike Month. They did not like sharing the road with thousands of bikes, which made traffic much worse. They did not like the loud pipes keeping them awake at night. They did not like the rowdy bikers and the trouble they would cause at the restaurants and bars. The bigger issue was someone would always die while at the bike rally, usually due to not wearing a helmet.

In order to appease these vocal protesters, the city council of Myrtle Beach decided to take action. They began severely restricting permits for gathering places for events to take place, and charging vendors extremely high prices to set up their sales stations within the city limits. They passed noise ordinances against the loud pipes, and published curfews that would impact the younger bikers. They stepped up law enforcement patrols, and policing of the bikers within the city limits. Then they created a mandatory helmet law within the city limits. Their line of reasoning was that by doing all of these things it would lessen the amount of biker traffic and problems, and hopefully save some lives in the process.

While all of these approaches may make sense to many people, the helmet law was one which did not. After all, many cities have noise ordinances, curfews, targeted law enforcement activities, and so forth. However, these do not go directly against a state law.

What they have actually done is fragmented the entire area around Myrtle Beach into factions that are either motorcycle friendly or not. During bike week they had large electric signs posted at the city limit telling you a helmet was required past that point. Bikers who were not wearing one would have to pull over and put one on before crossing that line. For that reason many decided to boycott the city of Myrtle Beach and kept all activities out in the surrounding counties instead.

As far as saving lives, unfortunately bikers still die at the rally each year. When I was there a young girl rear ended a motorcycle at a stop sign and killed the rider.

I wear my helmet 99% of the time, and this is not a matter of if you like to wear your helmet or not. It is a legal issue of a city overstepping their bounds and passing a law that supercedes an already established state law.

Perhaps one day this state will change their helmet law and make them mandatory; however, until that time it is still a decision the rider is allowed to make for themselves. Unlike some other states or provinces, I suppose SC can claim this as a way to continue thinning out the gene pool. :dontknow:

This is true but one of the main reasons this all started and i was their to see it. Some people don't realize MB has another rally that they refer to as "BLACK BIKER WEEK" which originally started in atlantic beach SC anyway 2 years ago their was a murder during this time and so the city can't say ok your rally is no more because then you would have a big law suit saying discrimnation and as spyderwolf mentioned thats when the city took action. Ithink it will build back up but not like it was.
 
This is true but one of the main reasons this all started and i was their to see it. Some people don't realize MB has another rally that they refer to as "BLACK BIKER WEEK" which originally started in atlantic beach SC anyway 2 years ago their was a murder during this time and so the city can't say ok your rally is no more because then you would have a big law suit saying discrimnation and as spyderwolf mentioned thats when the city took action. Ithink it will build back up but not like it was.

Yes sir, that was the Bike Week turning into Bike Month deal. The other issue is most of the injuries were happening to young people on their crotch rockets that were showing off, stunting, and racing. They were just old enough to not wear their helmets, and be able to drink legally, yet not be very responsible in their actions either.

As Ron stated, there are bad apples in every bushel. :thumbup:
 
HELMET LAW


In 1960 I had a harley fixed up for dragracing. At that time we did not have to wear any safety equipment. Then in 1961 the tracks around PA made us wear helmets,leathers and gloves with a lanyard to shut off the bike in case of an accident. It was only for our own good but when your young you have no fear at all. Today i am 73, but now ride a :spyder2:
because of bad knees. Can't hold up a two wheeler. Never thought that I would like it so much. getting ready for another operation:yikes: on my left knee. Hope I am not down too long. In PA winter is just three months away.
 
In 1960 I had a harley fixed up for dragracing. At that time we did not have to wear any safety equipment. Then in 1961 the tracks around PA made us wear helmets,leathers and gloves with a lanyard to shut off the bike in case of an accident. It was only for our own good but when your young you have no fear at all. Today i am 73, but now ride a :spyder2:
because of bad knees. Can't hold up a two wheeler. Never thought that I would like it so much. getting ready for another operation:yikes: on my left knee. Hope I am not down too long. In PA winter is just three months away.

Many laws have been passed in an attempt to keep us from killing ourselves. :D

Best of luck with the upcoming surgery. My current count is 5 on my left and 2 on my right, and they are both giving me trouble again as well. :shocked:
 
Actually, a municipality can make 'laws' that are more restrictive than state or federal laws, but they can't make them less restrictive...this should hold up in court unless the judge doesn't follow precedent, doesn't care about safety, or is a crummy judge.

If the State says clearly that it allows helmets, a municipality can restrict them if it can prove a safety issue...a city/county council can vote on this and apply this...of course, it gets challenged in court...all the city/county would have to do is prove that helmets would save lives and that the death rate is exorbitantly high due to a lack of helmets. A judge can allow the restriction to stand on these grounds.

However, if the state requires helmets, a municipality cannot ban them, as this, in effect, is a less restrictive act, and there is nothing anyone can do to prove that not wearing helmets is a smart thing to do.

The key is really that local laws can be more restrictive but not less restrictive than higher level authority.

Personally, I'm all for people not wearing helmets if they don't want to...let Darwinism prevail!
 
Lest we forget...

"One man's normal is another man's stunt"... Some think we're all crazy for riding motorcycles in the first place. At the risk of sounding political, which is strictly verboden here. As government makes it's way into ever facet of our lives, where might we say enough is enough... If they can tell us that we must wear a helmet, then they can dictate to us what kind of shoes to wear...etc.. etc..! Today, I heard where some school children from a particular state were being sent home because their (BMI), Body Mass Index, was to high, meaning they were fat. Hmmm, ok, fat people can no longer ride motorcycles.. Where does it end mi amego's... Actually, from an absolute safety prospective, we should all be banned from riding motorcycles completely. Think about the statistical data supporting severe injury and fatalities per accident on motorcycles compared to automobiles.. Realistically speaking, if we all stayed home on the couch, can you imagine the cost savings for us all.. IMHO, helmet laws...phooey!!! Ride without one.... you may already have brain damage.... Len


Also i think if somebody wants to go around the world to break some record in a plane/balloon/boat/ etc, and they crash they should pay for the cost of their rescue.
After all their putting somebody else's Son or Daughter at risk rescuing them. Now I'm not talking about normal activities, just stunts.
 
USConstitution.jpg


Please point to the place in the above document that authorizes any level of government to require an adult to wear a helmet.

I always wear mine because of the law my sweet wife imposes on me.

It doesn't --- but helmet laws are not Federal - they are States rights issues. Driving a motorized vehicle on Federal, State and county roads is a privilege - not a right... hence why we have to have drivers licenses to do so. When you sign up for a license in your state, you agree to their rules.

When signing up for a license you also agree to 'implied consent'.

I don't agree with some of their rules - but I will stand behind a states right to implement them as they see fit. I don't like the 'gubment' protecting me from myself - but it is what it is. In Michigan we have tried for years to get the helmet law overturned--- and next year just might be the year it can happen.

Anyone under 18 still needs certain laws in place to protect them IMO. Seatbelts and helmets-- but once you're an adult-- should be your choice. Your insurance company also will have the choice of charging you a ton.
 
helmet laws

Many laws have been passed in an attempt to keep us from killing ourselves. :D

Best of luck with the upcoming surgery. My current count is 5 on my left and 2 on my right, and they are both giving me trouble again as well. :shocked:

I had a knee replacement about five years ago. No problem un til the last nine months:gaah:. During therapy it ddin't hurt this bad. Good luck with your surgery. I had the mini knee replacement, if you know what that is. It is a total knee replacement but not cut as bad as full knee rplacement.
 
I had a knee replacement about five years ago. No problem un til the last nine months:gaah:. During therapy it ddin't hurt this bad. Good luck with your surgery. I had the mini knee replacement, if you know what that is. It is a total knee replacement but not cut as bad as full knee rplacement.
Better have your orthopedic surgeon check to see that it has not come loose. That is the most common source of pain well after the fact. My mother-in-law had that happen. It could also be that you tore up a ligament or something else. Both Nancy and I had knee replacements last year.
 
Better have your orthopedic surgeon check to see that it has not come loose. That is the most common source of pain well after the fact. My mother-in-law had that happen. It could also be that you tore up a ligament or something else. Both Nancy and I had knee replacements last year.

i WAS TO AN ORTHOPETIC DR. HE SAID THAT CAN BE A POSSIBILITY. THAT THE KNEE CAME LOOSE. HAVE TO GO FOR A BONE SCAN TO TELL WHAT THE PROBLEM IS.THE OTHER TWO PROBLEMS MIGHT BE THAT IT IS NOT LINED UP OR IT HAS A INFECTION BEHIND THE KNEE. :gaah:
 
i WAS TO AN ORTHOPETIC DR. HE SAID THAT CAN BE A POSSIBILITY. THAT THE KNEE CAME LOOSE. HAVE TO GO FOR A BONE SCAN TO TELL WHAT THE PROBLEM IS.THE OTHER TWO PROBLEMS MIGHT BE THAT IT IS NOT LINED UP OR IT HAS A INFECTION BEHIND THE KNEE. :gaah:
:pray: I have suffered from knee problems for 39 years...I sympathize. My wife has had five surgeries on her knee since 2004. We know the drill. We'll be pulling for you. Wishing you the best.
 
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