Every year, thousands of people are hurt or killed in motorcycle accidents. Motorcycles are inherently more dangerous to operate than other motor vehicles because they do not offer any structure to absorb an impact. As a result, many wonder whether motorcyclists must wear helmets or other protective gear, and under what circumstances?
Laws regarding motorcycle helmets vary widely among the states. They have also changed a great deal in the last 50 years. As of 2015, 19 states and the District of Columbia have laws requiring all motorcyclists to wear a helmet (also known as “universal helmet law” states). 28 other states have laws that only require motorcyclists to wear a helmet under certain circumstances (such as when under a certain age, when they do not have certain types of insurance, etc.). And, three states lack any motorcycle helmet laws at all (Illinois, Iowa and New Hampshire).
Most people remember a time when more states had universal helmet laws. These laws were enacted largely in the late 1960's in response to federal pressure backed by the threat of losing funding for highway construction if they failed to comply. The plan worked, and by the early part of the 1970's almost every state had universal helmet laws. But, that all changed in 1976 when a group of states successfully lobbied the federal Congress to put an end to the Department of Transportation's incentive/penalty program related to helmet laws and funding for highway construction.
After this change, states slowly began altering their own laws to suit the will of their populations. While state laws vary, most states agree as to the definitions of the types of vehicles that fall under the definition of a motorcycle. They are generally motorized vehicles with fewer than 4 wheels (although 4 wheeled ATV's often have their own helmet laws), engine displacements of 50 cubic centimeters or higher, and top speeds of at least 30 miles per hour. Anything less, and they are generally treated separately, either as powered bicycles or as “low-power cycles.” 23 states have helmet laws covering all low-power cycles, while 24 others and the District of Columbia have laws that cover some low-power cycles in certain circumstances.
As of 2015, states that still have universal helmet laws include:
Alabama
California
Georgia
Louisiana
Maryland
Massachusetts
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New York
North Carolina
Oregon
Tennessee
Vermont
Virginia
Washington
West Virginia
In every other state, helmet laws are conditional, except in the states of Illinois, Iowa, and New Hampshire which have no helmet laws at all. Of those states with conditional helmet laws, most of them break down as follows:
Any rider under 17 must wear a helmet:
Alaska
Arizona
Colorado (also applies to passengers)
Connecticut
Hawaii
Idaho
Indiana
Kansas
Maine
Minnesota
Montana
New Mexico
North Dakota
Ohio
Oklahoma
South Dakota
Utah
Wisconsin
Wyoming
Any rider under 18 must wear a helmet:
Delaware
Any rider under 20 must wear a helmet:
Arkansas
Florida
Kentucky
Michigan
Pennsylvania
Rhode Island
South Carolina
Texas
Even in conditional states, however, age may not be the only determining factor. Many have specific insurance requirements in addition to the age restrictions, such as bodily injury coverage, in order to ride without a helmet.
For more information on helmet laws in your state, you should consult with an attorney in your area. You can find a lawyer in the correct practice field by visiting HG.org and using the search functions to find the right one for you.
