The Fed doesn't have a law stating that riding without a helmet is legal. Anything the Fed does not rule on, the states can. But if the Fed has a law, the states cannot overrule it. Technically medical marijuana is illegal because pot is federally illegal, no matter what the states say.
Yes, the CA emissions laws are legally questionable, this is exactly the argument Detroit has been making for decades.
As Derf noted, they can make a state or city law, but that doesn't mean the law is constitutional and it would take money and a legal fight to overturn it.
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Originally Posted by TIGGER
Ummm... I don't know, I think a city can make stricter restrictions... Hell, just like Myrtle has a helmet law even though neither SC nor the Fed Gov't do. If they could get the support, they could ban motorcycles period for that matter... look at California emission laws for example...
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