Recently, I was stopped by a State Trooper (Tennessee) for not wearing a helmet. During that discussion, I learned that the term "fully enclosed" did not mean what has been commonly accepted (see email message sent to the Safety Office for tn.gov below). By the way, I did not get a citation.
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Email I sent asking for clarification . . .
"I am contacting your office to request some clarification of the current directives that govern the use of wearing a helmet when operating a autocycle. The confusion surrounding the use of a helmet centers on the specific definition of a "fully enclosed" autocycle as it pertains to a Slingshot for example.
Prior to moving to Tennessee in November 2016, I researched the helmet requirements and came upon the recent changes that were made, that went into effect on July 1st of 2016 (HB2045). The accepted definition at the time among most Slingshot owners was, that fully enclosed meant the occupants were laterally surrounded by steel frame. A top, was not considered due to two factors. First the Slingshot comes with two roll bars/hoops, that are designed to support the weight of the vehicle during a rollover incident. The other factor was, that aftermarket tops installed on a Slingshot, do not provide any rollover protection. To my knowledge, every top vendor makes it clear through a written disclaimer that the top is not designed with that purpose in mind. It was thought that between the framing and roll bars/hoops, that the fully enclosed requirement was met.
That mindset was further advanced by the feedback from owners who had spoken with law enforcement officers, had ridden by officers who did not react and in some cases answered questions put forth by officers about helmet requirements for this vehicle. That is until yesterday, when my wife and I got stopped in Jackson, TN, by a state trooper for not wearing helmets. The trooper was very professional and took the time to explain the reason for the requirement and what is needed to do away with the need for helmet. He showed us a paper that contained an example of a Slingshot with a top installed. I do not have a copy of the paper, however, I believe that the top that was used for the picture is from Slinglines . . .
One of the re-sellers of this top has the following disclaimer posted to their web site . . .
- The Slinglines roof system DOES NOT provide any type of rollover or crash support for your Slingshot and is intended to be used as a SUN SHADE ONLY
If the thought is, that a top will do away with the need for a helmet during a rollover, then based on the disclaimer alone, it does not. However, being equipped with a factory installed roll bar/hoops for both passengers, along with seat belts and the surrounding frame work does provide some protection. Frankly, more protection than some convertible cars.
My wife and I will be the first to acknowledge that wearing a helmet reduces risk. This email message is not an attempt to do away with the wearing of a helmet while operating a Slingshot, but more of a request to clarify what a "fully enclosed" Slingshot is.
Hopefully, this email will spur some further discussion on the subject and will ultimately help the owners and law enforcement officers understand the requirements better or perhaps change them."
The excerpt from the email I received back is shown below. The remainder of the response presented information from the 2017 Slingshot owners manual with respect to the use of helmets. The bottom line is, as it stands today in Tennessee, according to the state, helmet use is as stated below. In fairness, the person who answered my email (Kyle) admitted that questions from the owners group do exist. His answer just addresses my email and clarification of the existing law.
"You are correct about the Department’s interpretation of “fully enclosed.” Fully enclosed auto-cycle means that the driver and passenger are complete surround by the vehicle. Much in the same way individuals are surrounded in non-convertible automobiles. As indicated in the picture, it is our interpretation of state law that fully enclosed does include a roof, sides, and not simply roll bars. The decision to allow individuals to operate an auto-cycle without a helmet was a law passed by the legislature and only applied to auto-cycles that are fully enclosed."
I received this information from . . .
Kyle Turner| Staff Attorney
Commissioner Purkey’s Office
Tennessee Tower, 25th Floor
312 Rosa L. Parks Avenue, Nashville, TN 37243
p. 615-251-5123 c. 615-393-4491
Kyle.Turner@tn.gov
tn.gov/safety
