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19
Aug
2011
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August 2011

  • 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.

State Motorcycle
helmet use
law rating		 Motorcycle
helmet use
governs:		 Does the motorcycle
helmet law cover
all low-power cycles?		 Bicycle
helmet use
governs:
Alabama Good Good all riders yes   15 and younger  
Alaska Poor Poor 17 and younger1 yes   no law  
Arizona Poor Poor 17 and younger some   no law  
Arkansas Poor Poor 20 and younger yes   no law  
California Good Good all riders yes   17 and younger  
Colorado Poor Poor 17 and younger and passengers 17 and younger yes   no law  
Connecticut Poor Poor 17 and younger yes 15 and younger
Delaware Poor Poor 18 and younger2 some 17 and younger
District of Columbia Good Good all riders some 15 and younger
Florida Poor Poor 20 and younger3 some 15 and younger
Georgia Good Good all riders some 15 and younger
Hawaii Poor Poor 17 and younger some 15 and younger
Idaho Poor Poor 17 and younger some no law
Illinois Poor Poor no law no law no law
Indiana Poor Poor 17 and younger yes no law
Iowa Poor Poor no law no law no law
Kansas Poor Poor 17 and younger some no law
Kentucky Poor Poor 20 and younger4 some no law
Louisiana Good Good all riders yes 11 and younger
Maine Poor Poor 17 and younger5 some 15 and younger
Maryland Good Good all riders some 15 and younger
Massachusetts Good Good all riders yes 1–16 (riding with children younger than 1 prohibited)
Michigan Good Good all riders some no law
Minnesota Poor Poor 17 and younger6 yes no law
Mississippi Good Good all riders yes no law
Missouri Good Good all riders some no law
Montana Poor Poor 17 and younger some no law
Nebraska Good Good all riders yes no law
Nevada Good Good all riders some no law
New Hampshire Poor Poor no law no law 15 and younger
New Jersey Good Good all riders yes 16 and younger
New Mexico Poor Poor 17 and younger some 17 and younger
New York Good Good all riders some 1–13 (riding with children younger than 1 prohibited)
North Carolina Good Good all riders yes 15 and younger
North Dakota Poor Poor 17 and younger7 yes no law
Ohio Poor Poor 17 and younger8 yes no law
Oklahoma Poor Poor 17 and younger some no law
Oregon Good Good all riders yes 15 and younger
Pennsylvania Poor Poor 20 and younger9 some 11 and younger
Rhode Island Poor Poor 20 and younger10 some 15 and younger
South Carolina Poor Poor 20 and younger yes no law
South Dakota Poor Poor 17 and younger yes no law
Tennessee Good Good all riders yes 15 and younger
Texas Poor Poor 20 and younger11 some no law
Utah Poor Poor 17 and younger yes no law
Vermont Good Good all riders some no law
Virginia Good Good all riders some no law
Washington Good Good all riders yes no law
West Virginia Good Good all riders some 14 and younger
Wisconsin Poor Poor 17 and younger12 some no law
Wyoming Poor Poor 17 and younger some no law

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.

RATINGS CRITERIA

  • Good   Good: all motorcycle riders must wear helmets

  • Poor   Poor: either no helmet use law or law covers only some riders

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