Why not standardize the laws?  Hot topic but we believe in ATGATT

(All The Gear All The Time)

December 2011

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• Laws requiring all motorcyclists to wear a helmet are in place in 20 states and the District of Columbia
• Laws requiring only some motorcyclists to wear a helmet are in place in 27 states
• There is no motorcycle helmet use law in 3 states (Illinois, Iowa, and New Hampshire)
• Some bicyclists are required by law to wear a helmet in 21 states and the District of Columbia
• There is no bicycle helmet use law in 29 states

The history of motorcycle helmet laws in the United States is characterized by change. In 1967, to increase motorcycle helmet use, the federal government required the states to enact helmet use laws in order to qualify for certain federal safety programs and highway construction funds. The federal incentive worked. By the early 1970s, almost all the states had universal motorcycle helmet laws. Michigan was the first state to repeal its law in 1968, beginning a pattern of repeal, reenactment, and amendment of motorcycle helmet laws. In 1976, states successfully lobbied Congress to stop the Department of Transportation from assessing financial penalties on states without helmet laws.

No state has a universal bicycle helmet law. Only 21 states and the District of Columbia have statewide bicycle helmet laws, and they apply only to young riders (often riders younger than 16). Local ordinances in a few other states require bicycle helmets for some or all riders.

Low-power cycle is a generic term used by the Institute to cover motor-driven cycles, mopeds, scooters, and various other 2-wheeled cycles excluded from the motorcycle definition. While state laws vary, a cycle with an engine displacement of 50 cubic centimeters or less, brake horsepower of 2 or less, and top speeds of 30 mph or less typically is considered a low-power cycle. Twenty-two states have motorcycle helmet laws that cover all low-power cycles. Twenty-five states and the District of Columbia have laws that cover some low-power cycles.

• Table
• Map: motorcyclists covered
• Map: low-power cycles covered
• Map: bicyclists covered
• Table: motorcycle helmet laws history

¹Alaska’s motorcycle helmet use law covers passengers of all ages, operators younger than 18, and operators with instructional permits.

²In Delaware, every motorcycle operator or rider age 19 and older shall have in their possession a safety helmet approved by the Secretary.

³In Florida, the law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they can show proof that they are covered by a medical insurance policy.

⁴In Kentucky, the law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they can show proof that they are covered by a medical insurance policy. Motorcycle helmet laws in Kentucky also cover operators with instructional/learner’s permits.

⁵Motorcycle helmet laws in Maine cover operators with instructional/learner’s permits and operators in their first year of licensure. Maine’s motorcycle helmet use law also covers passengers 17 years and younger and passengers if their operators are required to wear a helmet.

⁶Motorcycle helmet laws in Minnesota cover operators with instructional/learner’s permits.

⁷North Dakota’s motorcycle helmet use law covers all passengers traveling with operators who are covered by the law.

⁸Ohio’s motorcycle helmet use law covers all operators during the first year of licensure and all passengers of operators who are covered by the law.

⁹Pennsylvania’s motorcycle helmet use law covers all operators during the first two years of licensure unless the operator has completed the safety course approved by PennDOT or the Motorcycle Safety Foundation.

¹⁰Rhode Island’s motorcycle helmet use law covers all passengers (regardless of age) and all operators during the first year of licensure (regardless of age).

¹¹Texas exempts riders 21 years or older if they can either show proof of successfully completing a motorcycle operator training and safety course or can show proof of having a medical insurance policy. A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.

¹²Motorcycle helmet laws in Wisconsin cover operators with instructional/learner’s permits.

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