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Dowis v. State

The defendant was not complying with Georgia's Motorcycle Helmet Law by wearing a cloth bandana.

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Mark Dowis was convicted of operating a motorcycle without the headgear required by OCGA § 40-6-315 known as Georgia’s motorcycle helmet law based on evidence that he was wearing nothing more than a cloth bandana as a head covering. In this appeal of his conviction, he contends that the trial court erred in denying his motion to quash the accusation. Dowis claims that the Board’s failure to publish lists approving specific types of approved headgear violates OCGA § 40-6-315 and that without such lists the statute is unconstitutionally vague.

OCGA § 40-6-315 a prohibits any person from operating or riding upon a motorcycle in Georgia unless he is wearing protective headgear which complies with standards established by the Board of Public Safety. Subsection d states that the Board ‘is authorized’ to approve or disapprove specific types of protective headgear and enforce regulations establishing standards and specifications for their approval. If this authority is exercised, subsection d provides that the Board ‘shall’ publish lists of all approved headgear by name and type.

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