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Motorcycle Helmet Laws in the USA

Starting in the 1960s, the federal government began requiring states to implement motorcycle helmet laws in order to qualify for specific federal funding.  Nearly all states enacted helmet laws by the early 1970s.  Shortly after this time period, states began repealing, amending, or reenacting their motorcycle helmet laws.  By 1980, most states had either repealed their helmet laws, or amended the laws so as to only cover young operators and passengers. 

Currently, forty-six states and the District of Columbia require some degree of helmet use by motorcycle operators and passengers.  Only four states (Colorado, Illinois, Iowa, and New Hampshire) do not have mandatory motorcycle helmet laws.       

The information present in this article and following table should only be used as a guide.  Specific questions should be directed to a qualified attorney licensed in your state. Nothing in this summary should be construed as legal advice.      

Motorcycle Helmet Laws by State

Click on the name of the state to access relevant statutory authority.

State

Required

Authority

Alabama

Yes

Alabama Code §32-5A-245.

Alaska

Yes, helmets are required for passengers of all ages, operators younger than 18 years old, and all operators with instructional permits.

Alaska 13 A.A.C. 04.350.

Arizona

Yes, required under the age of 18.

Arizona Revised Statute §28-964.

Arkansas

Yes, required under the age of 21.

Arkansas Code §27-20-104.

California

Yes

California Vehicle Code, Division 12, Chapter 5, Article 7, Section 27803.

Colorado

Effective July 1, 2007, helmets are now required by law for those ages 18 and under, including passengers.

Colorado Revised Statute §42-4-1502.

Connecticut

Yes, required while using training permit.  Helmets are also required for all operators and passengers under the age of 18.

C.G.S. Title 14, Chapter 248, §14-289g.

Delaware

Yes, required under the age of 19.

Delaware Code Title 21, Chapter 41, Subchapter XI, §4185.

District of Columbia

Yes

D.C

Florida

Yes, required under the age of 21.  Operators and passengers over the age of 21 may ride without a helmet if they have proof that they have adequate medical insurance.

Florida Statute Title XXIII §316.211.

Georgia

Yes

Georgia Code Title 40, Chapter 6, Article 13, §40-6-315.

Hawaii

Yes, required under the age of 18.

Hawaii H.R.S. Volume 5, Chapter 286, Part IV, § 286-81.

Idaho

Yes, required under the age of 18.

Idaho Statutes Title 49, Chapter 6, § 49-666.

Illinois

Not required

Illinois

Indiana

Yes, required under the age of 18.

Indiana Code Title 9, Article 19, Chapter 7, § 9-19-7-1.

Iowa

Not required

Iowa

Kansas

Yes, required under the age of 18

Kansas Statute Chapter 8, Article 15, § 8-1598.

Kentucky

Yes, required under the age of 21, or if they are operating under a permit, or if they have had a valid motorcycle operator’s license for less than one year.

Kentucky K.R.S. Title XVI, Chapter 189, § 285.

Louisiana

Yes

Louisiana Statute Title 32, Chapter 1, Part IV, Subpart G, § 190.

Maine

Yes, required under the age of 15, or if operator has a learner's permit or is within one year of successfully completing his or her driving test.

Maine M.R.S. Title 29-A, Chapter 19, Subchapter I, § 2083.

Maryland

Yes

Maryland Code Transportation Section, Title 21, Subtitle 13, § 21-1306.

Massachusetts

Yes

General Laws of Massachusetts Part I, Title XIV, Chapter 90, § 7.

Michigan

Yes

Michigan Compiled Laws Chapter VI, § 257.658.

Minnesota

Yes, required under the age of 18.

Minnesota Statute Chapter 169, § 169.974.

Mississippi

Yes

Mississippi Code Title 63, Chapter 7, § 63-7-64.

Missouri

Yes

Missouri M.R.S. Title XIX, Chapter 302, § 302.020.

Montana

Yes, required under the age of 18.

Montana Code Annotated Title 61, Chapter 9, Part 4, § 61-9-417.

Nebraska

Yes

Nebraska Statutes Chapter 60, Article 6, § 60-6, 279.

Nevada

Yes

Nevada N.R.S. Title 43, Chapter 486, § 486.231.

New Hampshire

Yes, required under the age of 18 (not clear if still in effect)

New Hampshire

New Jersey

Yes

New Jersey Statutes Title 39, Subtitle 1, Chapter 3, Article 3, § 39:3-76.7.

New Mexico

Yes, required under the age of 18.

New Mexico Statutes Chapter 66, Article 7, Part 4, § 66-7-356.

New York

Yes

N.Y. Consolidated Laws Chapter 71, Title III, Article 9, § 381.

North Carolina

Yes

N.C. General Statutes Chapter 20, Article 3, § 20-140.4.

North Dakota

Yes, required under the age of 18.

N.D. Century Code Title 39, Chapter 39-10.2, §39-10.2-06.

Ohio

Yes, required under the age of 18.  This covers all operators during their first year of holding a license and all passengers of motorcycle operators who are covered by this law.

Ohio Revised Code Title XLV, Chapter 4511, § 4511.53.

Oklahoma

Yes, required under the age of 18.

Oklahoma Statutes Title 47, § 47-12-609.

Oregon

Yes

Oregon O.R.S. Volume 17, Title 59, Chapter 814, § 814.269.

Pennsylvania

Yes, required under the age of 21.  This law covers all motorcycle operators during their first two years of licensure unless the operator completed the Motorcycle Safety Foundation safety course. 

PA 75 Pa. Code Chapter 35 § 3525.

Rhode Island

Yes, required under the age of 21.  This covers all motorcycle operators during their first year of licensure and all passengers.

R.I. General Laws Title 31, Chapter 10.1, § 31-10.1-4.

South Carolina

Yes, required under the age of 21.

S.C. Code of Laws Title 56, Chapter 5, Article 29, § 56-5-3660.

South Dakota

Yes, required under the age of 18.

S.D. Codified Laws Title 32, § 32-20-4.

Tennessee

Yes

Tennessee Code Title 55, Chapter 9, Part 3, § 55-9-302 (a).

Texas

Yes, required under the age of 21.  Riders 21 years of age and older may be exempt if they can either show proof of successful completion of a motorcycle operator training and safety course OR show proof of adequate medical insurance coverage.

Texas Statutes Transportation Code Title 7, Subtitle G, Chapter 661, § 661.003.

Utah

Yes, required under the age of 18.

Utah Code Title 41, Chapter 6a, § 41-6a-1505.

Vermont

Yes

Vermont Statutes Title 23, Chapter 13, Subchapter 14, Article 2, § 1256.

Virginia

Yes

Code of Virginia Title 46.2, Subtitle II, Chapter 8, Article 13, § 46.2-910.

Washington

Yes

Revised Code of Washington Title 46, Chapter 46.37, § 46.37.530.

West Virginia

Yes

West Virginia Code Chapter 17C, Article 15, § 17C-15-44.

Wisconsin

Yes, required under the age of 18.

Wisconsin Statutes Chapter 347, § 347.485.

Wyoming

Yes, required under the age of 18.

Wyoming Statutes Title 31, Chapter 5, Article 1, § 31-5-115.

.

If you or a loved one has been injured as a result of a defective bicycle, please contact us.  We will help you find a product liability attorney near you who can help you recover the financial compensation to which you are entitled.

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