State v. Anderson

The sole question presented by this appeal is the constitutionality of that portion of G.S. 20-140.2 (b), enacted as part of Sec. 1, Chap. 674 of the 1967 Session Laws, which reads as follows:

“No motorcycle shall be operated upon the streets and highways of this State unless the operator and all passengers thereon wear safety helmets of a type approved by the Commissioner of Motor Vehicles.”

Defendant raises no question as to the beneficial effect and intended good purpose of this legislation. He contends, however, that it exceeds constitutional limits imposed by Art. 1, Sec. 17, of the North…