Massachusetts Town Gets Cranky with Child Cyclists

The state has laws concerning Helmet Use.

Section 11B 1/2. Any person 16 years of age or younger operating in line skates, a skate board, a scooter or other manually-propelled wheeled vehicle or riding as a passenger on any such manually-propelled vehicle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Such helmet shall fit the person's head and be secured by straps at all times while operating in line skates, scooters, skate board or other manually-propelled wheeled vehicle and shall meet the standards for helmets established by the American National Standards Institute (ANSI Z 90.4) or subsequent standards or the Snell Memorial Foundation's 1984 standard for use in bicycling or subsequent standards. A violation of this section shall not be used as evidence of contributory negligence in a civil action.

A city or town shall not adopt any by-laws or ordinances to change the standards required by this section.

The town of Holliston has a perceived problem with the kiddies refusing to wear a helmet and, by extension, parents who don't encourage such use.

"We're not looking to take bikes away from the kids who forget their helmets," School Resource Officer David Gatchell told the Boston Globe. "This isn't something where we're looking to collect a hundred bikes. We don't want to seize bikes, but for the kids who repeatedly ignore the warnings, it will happen."

The department gives helmets, free, to kids who need them, but whose parents can't, or won't, spring for one at the store, and plans an awareness campaign about the law, and their enforcement effort.

Is confiscation a tad over the top?

It seems to me this might be Unconstitutional...unless they plan to give the bikes back at some point.

Will confiscation make the kids toe the line?

Kids, being kids, especially the more rebeliously inclined ones, that is an open question. ;-D

I think a fine, hitting the parents in the pocketbook, might be the better option.

It will certainly get the attention of the more responsible ones, but no doubt confiscation, or fines, might easily get the ACLU's dander up, as well.

Then again, some will say, don't the cops have something better to do than focusing valuable resources, and storage space, to teenage scoff laws on 2 wheels?

A Tip of the Hat to David Fiedler,  of About.com Guide to Bicycling.