Commonwealth v. Kautz

491 A.2d 864, 341 Pa. Super. 374, 1985 Pa. Super. LEXIS 6837
CourtSupreme Court of Pennsylvania
DecidedApril 4, 1985
Docket3244
StatusPublished
Cited by8 cases

This text of 491 A.2d 864 (Commonwealth v. Kautz) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Kautz, 491 A.2d 864, 341 Pa. Super. 374, 1985 Pa. Super. LEXIS 6837 (Pa. 1985).

Opinions

OLSZEWSKI, Judge:

Appellant challenges the constitutionality of Section 3525(a) of the Vehicle Code1 (hereinafter referred to as the “helmet law”). The statute, in pertinent part, provides: “No person shall operate or ride upon a motorcycle or a motor-driven cycle (other than a motorized pedalcycle) unless he is wearing protective headgear which complies with standards established by the department.” Appellant, in his challenge, renews the arguments rejected by this Court in Commonwealth v. Arnold, 215 Pa.Super. 444, 258 A.2d 885 (1969).2 We affirm on the basis of Arnold, but question the continuing vitality of that case.

The thrust of appellant’s arguments goes to the question of how far the state may extend its police power to save a citizen from himself. It is axiomatic that the power can be rightfully exercised over a member of a civilized community, against that person’s will, only to prevent harm to other members of the community.

The only part of the conduct of any one, for which he is amendable to society, is that which concerns others. In the part which merely concerns himself, his independence [377]*377is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.
(T)he principle requires liberty of tastes and pursuits; of framing the plan of our life to suit our own character; of doing as we like, subject to such consequences as may follow: without impediment from our fellow creatures, so long as what we do does not harm them, even though they think our conduct foolish, perverse or wrong.

John Stuart Mill, On Liberty (1859), cited with approval in Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

Adherence to this principle has proven difficult for a court faced with challenges to the helmet laws. In Arnold, this Court followed the lead of other jurisdictions finding, however attenuated, a basis for public benefit.

(T)he requirement of protective headgear for the exposed operator bears a reasonable relationship to highway safety generally. It does not tax the intellect to comprehend that loose stones on the highway kicked up by passing vehicles, or fallen objects such as windblown tree branches, against which the operator of a closed vehicle has some protection, could so affect the operator of a motorcycle as to cause him momentarily to lose control and thus become a menace to other vehicles on the highway.

Commonwealth v. Arnold, 215 Pa.Super. at 448, 258 A.2d at 880, quoting State ex rel. Colvin v. Lombardi, 104 R.I. 28, 30, 241 A.2d 625, 627 (1968). See Bogue v. Faircloth, 316 F.Supp. 486 (S.D.Fla.1971) (applying state law); Kingery v. Chapple, 504 P.2d 831 (Alaska 1972); State v. Also, 11 Ariz.App. 227, 463 P.2d 122 (1969); State v. Beeman, 25 Ariz.App. 83, 541 P.2d 409 (1975); Penney v. North Little Rock, 248 Ark. 1158, 455 S.W.2d 132 (1970); Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970); State v. Brady, 290 A.2d 322 (Del.Super.1972); State v. Cotton, 55 Hawaii 138, 516 P.2d 709 (1973); State v. Albertson, 93 Idaho 640, 470 P.2d 300 (1970); Wichita v. White, 205 Kan. 408, 469 P.2d 287 (1970); State v. Quinnam, 367 A.2d 1032 (Me.1977); People of Adrian v. Poucher, 398 Mich. 316, 247 N.W.2d 798 [378]*378(1976); State v. Edwards, 287 Minn. 83, 177 N.W.2d 40 (1970); State v. Darrah, 446 S.W.2d 745 (Mo. 1969); State v. Cushman, 451 S.W.2d 17 (Mo.1970); Albuquerque v. Jones, 87 N.M. 486, 535 P.2d 1337 (1975); People v. Bennett, 89 Misc.2d 382, 391 N.Y.S.2d 506 (1977); State v. Stouffer, 28 Ohio App.2d 229, 276 N.E.2d 651 (1971); Elliott v. Oklahoma City, 471 P.2d 944 (Okla.Crim.1970); State v. Fetterly, 254 Or. 47, 456 P.2d 996 (1969); State v. Lombardi, 110 R.I. 776, 298 A.2d 141 (1972); Ex Parte Smith, 441 S.W.2d 544 (Tex.Crim.1969); State v. Acker, 26 Utah 2d 104, 485 P.2d 1038 (1971); State v. Solomon, 128 Vt. 196, 260 A.2d 377 (1969); State v. Zektzer, 13 Wash.App. 24, 533 P.2d 399 (1975) (all reciting, with variations, the “loose stones” rationale); see generally Annot., 32 A.L.R.3d 1270 and supplement.

Other courts, admitting that the “public safety” fiction masks a real concern for the individual’s well-being, go on to find a societal interest in minimizing the economic costs of a motorcycle accident.

In view of the evidence warranting a finding that motorcyclists are especially prone to serious head injuries, see Statistical Division, National Safety Council, 1971 Motorcycle Facts, the public has an interest in minimizing the resources directly involved.
From the moment of the injury, society picks the person up off the highway; delivers him to a municipal hospital and municipal doctors; provides him with unemployment compensation if, after recovery, he cannot replace his lost job, and, if the injury causes permanent disability, may assume the responsibility for his and his family’s continued subsistence. We do not understand a state of mind that permits plaintiff to think that only he himself is concerned.

Simon v. Sargent, 346 F.Supp. 277 (D.Mass.), affirmed 409 U.S. 1020, 93 S.Ct. 463, 34 L.Ed.2d 312 (1972). See State v. Beeman, 25 Ariz.App. 83, 541 P.2d 409 (1975); Love v. Bell, 171 Colo. 27, 465 P.2d 118 (1970); People v. Bennett, 89 Misc.2d 382, 391 N.Y.S.2d 506 (1977); State v. Stouffer, 28 [379]*379Ohio App.2d 229, 276 N.E.2d 651 (1971); State v. Acker, 26 Utah 2d 104, 485 P.2d 1038 (1971); State v. Laitinen, 77 Wash.2d 130, 459 P.2d 789 (1969), cert. denied Laitinen v. State, 397 U.S. 1055, 90 S.Ct. 1397, 25 L.Ed.2d 671 (1970); see also Annot., 32 A.L.R.3d 1270 Sec. 5. Taken to its logical extreme, this argument would preclude a pedestrian’s crossing the street.

Courts hesitate before the stated purpose of the statutes. “(T)he act’s only realistic purpose is the prevention of head injuries incurred in motorcycle mishaps.” Simon v. Sargent, 346 F.Supp. at 278 (the court proceeded to decide the case on an “economic cost” rationale); cf.

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Commonwealth v. Kautz
491 A.2d 864 (Supreme Court of Pennsylvania, 1985)

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Bluebook (online)
491 A.2d 864, 341 Pa. Super. 374, 1985 Pa. Super. LEXIS 6837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-kautz-pa-1985.