A publication supporting the rights, safety and freedom of all motorcyclists through education and legislation
February 2013
VOLUME XXI, ISSUE X
Do we need
Nonprofit Org US Postage Paid Permit #1662 Phoenix, AZ
to define it?
By Matt Brown State Treasurer and ABATE Legal Counsel
Something Everyone in ABATE Should Consider
There is a lot of misinformation floating around about what is legally required of us when it comes to the protective glasses, goggles, or transparent face shields we are supposed to wear. The same is true of protective windshields. Here is what the law says:
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ABATE of AZ. 7509 N. 12th St, #200 Phoenix, AZ 85020
An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield.
If you are able to tell me exactly what that does or does not cover, then you are probably a better lawyer than I am. The problem is that the laws do not define at what point someone becomes an “operator,” what the word “wear” actually means for the purposes of the statute, and what makes “protective glasses,” “goggles,” or a “protective windshield” legally permissible. That is a big problem. Some officers believe an operator is anyone who is about to ride a motorcycle. They will
cite you if you are pressing the start button with your visor up. Some believe you are only an operator if you are moving. They will cite you if you pull away from a stop while putting your visor down. Others think you are only breaking the law if you are riding on a highway with the visor up. What if you are maneuvering your bike into a parking space with the motor off and the visor up while your feet are firmly on the ground? What if you are walking your bike while you stand next to it? Right now, it is basically up to the officer to decide what the law is, and judges usually rubber stamp their decisions. Similarly, officers give themselves broad power to decide what makes protective glasses or goggles sufficient. Some officers believe that the state has not specifically approved anything, so they will give a ticket to anyone not wearing a helmet with an approved transparent face shield. It basically turns the statute into a helmet law. Some officers believe the glasses or goggles need to be specifically designed for motorcycling. They will ticket you unless you can prove to them that Harley or BMW or someone else made them for that specific purpose. Other officers believe sunglasses or aviator goggles are never sufficient and will ticket you accordingly. What if you have airtight Oakley wrap-around sunglasses? What if you made your own goggles that meet or exceed anything professionally manufactured and mass-produced? Again, this too is basically up to the officer to decide, and
judges usually rubber stamp their decisions.
Although it may seem like I am splitting hairs, it is an even bigger problem that the word “wear” is not defined. Are you still “wearing” your glasses if you lift them up for a second to get something out of your
eye? Are you still “wearing” your goggles if you pull them forward for a second to rub the lenses when they have fogged up? Are you still “wearing” the visor if you lift it up for a moment because it is 120 degrees and you are overheating? Can you crack the face shield even one millimeter? Many officers believe you must be wearing it in a way that they deem sufficient to protect your eyes. In other words, it is completely up to their discretion. Others think it should be your decision and that you simply must have glasses, goggles, or a face shield available and on your person in the event you feel they are necessary for your safety, but those officers are definitely not in the majority. Finally, officers and courts are not in
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