First Class Session Should a Motorcycle Driver have a Constitutional Right Not to Wear a Helmet? As a motorcycle rider, I have many constitutional rights. I amsusceptible to many privileges as a paying, law-abiding citizen as well. I have the freedom to go out with my legally earned money and purchasea motorcycle for my own personal entertainment and transportation.
I cantravel anywhere not prohibited by law. As long as I operate the vehicle ina manner that doesn’t cause harm to anyone or violate anyone’s rights orbreak any laws, I can exercise my freedom. “The ninth amendment to the constitution establishes that the people have rights in addition to those specified in the constitution. ” (Jentz and Miller 20) There are twenty state laws and eight-four local laws that requiremotorcyclist and/or cyclist under a certain age and their passengers, towear helmets while riding.
As a precaution against head injuries andfatalities resulting from injuries sustained in bike accidents, these lawswere passed. If I choose to buy and operate a motorcycle that is my right. It isalso a privilege. I’m privileged to be able to buy and use thismanufactured vehicle for personal or public use. It’s my right to beinformed of the dangers of riding a motorcycle prior to purchase. It is myright to be informed of a helmet law.
I am privileged to have the helmetlaw enforced upon me because it is protecting the safety of my passengersand myself. Many helmet law advocates claim benefits to public safety healthjustify the legislative sacrifice of fundamental democratic rights andindividual freedom. I agree with this belief. As a motorcycle rider my rights and privileges are many. As long as Iabide by the laws enforced upon me, I have my rights and freedoms. I amsubject to many privileges and the ability to purchase and ride amotorcycle is one of them.
I should be required to wear a helmet whileriding for my own protection without feeling that my rights are beingviolated. Works Cited Miller, Roger L. and Gaylord A. Jentz.
Business Law Today: TheEssentials. 5th edition. United States: West Legal Studies in Business,2000. .