Motorcycle Helmet Laws By State: A Complete Guide (2024)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- There are 47 states with motorcycle helmet laws.
- Seventeen states require helmets, regardless of the rider’s age.
- Riding helmetless can reduce the value of your accident injury claim.
Unlike vehicle occupants in car accidents, motorcyclists have no passenger compartment to protect them in a crash. Operators and passengers reduce their risk of head injury in motorcycle accidents by up to 69% when they wear helmets. As a result, helmeted riders are less likely to suffer death or incapacitating injuries.
However, states question whether the government can require riders to wear helmets or if the risks and responsibilities of helmetless riding should fall on motorcyclists. This philosophy has won over legislatures in most states. As a result, motorcyclists will find wide variation in motorcycle helmet laws by state.
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Origin of Motorcycle Helmet Laws
In 1966, Congress passed the Highway Safety Act (HSA) to address highway road deaths. The law required states to pass numerous safety laws, including motorcycle helmet laws. States that did not enact the laws would lose federal highway funding.
By 1975, 47 states and the District of Columbia had passed helmet laws. However, mandatory helmet laws were unpopular with motorcyclists, and the American Motorcycle Association (AMA) played a significant role in repealing these laws.
Motorcyclists took the matter to court, arguing that helmets were a personal choice that the government should not regulate. This argument was unsuccessful, as courts concluded that these safety matters fell under appropriate state policing power.
After some pressure, Congress removed the highway funding incentive in 1976. States persuaded by the personal choice arguments started repealing their helmet laws. By 1980, only 19 states and the District of Columbia had helmet laws.
States with Motorcycle Helmet Laws
Motorcycle helmets reduce motorcycle deaths, and helmet laws play a role. When Texas repealed its universal helmet law, helmet use dropped 30%, while fatalities jumped by 21%.
However, state helmet laws still vary in scope. Here is an overview of current state helmet laws.
Which States Can You Ride a Motorcycle Without a Helmet?
Only three states allow helmetless riders. Police cannot cite operators or passengers in the following states for riding without a helmet:
- Illinois
- Iowa
- New Hampshire
Illinois and Iowa had universal helmet laws but repealed them in 1970 and 1976. New Hampshire, following its state motto of “live free or die,” has never had a motorcycle helmet law.
Which States Have Limited Motorcycle Helmet Laws?
A limited motorcycle helmet law restricts the requirement to an age group or circumstances. For example, a state may require helmet usage by all passengers and riders under 18.
The states that place an age requirement include:
| State | Age Requirement |
|---|---|
| Alaska | 17 years of age and younger |
| Arizona | 17 years of age and younger |
| Arkansas | 20 years of age and younger |
| Colorado | 17 years of age and younger, including passengers |
| Connecticut | 18 years of age and younger |
| Delaware | 17 years of age and younger, including passengers |
| Florida | 20 years of age and younger |
| Hawaii | 17 years of age and younger |
| Idaho | 17 years of age and younger |
| Indiana | 17 years of age and younger |
| Kansas | 17 years of age and younger |
| Kentucky | 20 years of age and younger |
| Maine | 17 years of age and younger |
| Michigan | 20 years of age and younger |
| Minnesota | 17 years of age and younger |
| Missouri | 25 years of age and younger |
| Montana | 17 years of age and younger |
| Nebraska | 20 years of age and younger |
| New Mexico | 17 years of age and younger |
| North Dakota | 17 years of age and younger |
| Ohio | 17 years of age and younger |
| Oklahoma | 17 years of age and younger |
| Pennsylvania | 20 years of age and younger |
| Rhode Island | 20 years of age and younger |
| South Carolina | 20 years of age and younger |
| South Dakota | 17 years of age and younger |
| Texas | 20 years of age and younger |
| Utah | 20 years of age and younger |
| Wisconsin | 17 years of age and younger |
| Wyoming | 17 years of age and younger |
While these states may have reached a fair compromise between safety and freedom, these laws are often unenforceable. Officers cannot determine a rider's age from afar, so they may choose to save their time pulling over helmetless riders.
Other limited helmet laws do not depend on age. These include:
| State | Helmet Requirement |
|---|---|
| Alaska | All riders with instructional permits and their passengers must wear helmets, regardless of age |
| Delaware | Novice riders and their passengers must wear helmets for the first two years of the rider’s endorsement, regardless of age |
| Florida | Riders must carry over $10,000 in medical coverage for motorcycle-related injuries before riding helmetless |
| Kentucky | Riders licensed for less than one year must wear a helmet |
| Maine | Riders must wear helmets if they carry an instructional permit or have been licensed for less than one year Passengers must wear helmets if the rider requires them |
| Michigan | Riders and passengers without additional insurance must wear helmets, regardless of age |
| Missouri | Riders without medical insurance must wear a helmet |
| Ohio | Riders licensed for less than one year must wear a helmet, as well as their passengers |
| Pennsylvania | Riders licensed for under two years must wear a helmet unless they complete a PennDOT or Motorcycle Safety Foundation-approved safety course |
| Rhode Island | Riders licensed for less than one year must wear helmets, as must their passengers |
| Texas | Riders without a safety course certification or medical insurance must wear helmets |
| Wisconsin | Riders with instructional permits must wear helmets, regardless of age |
Other states limit their helmet laws by vehicle type. They include:
| State | Helmet Requirement |
|---|---|
| Arizona | Helmets are not required for mopeds with 50cc or lower engines, and brake horsepower is 1.5 or less |
| Delaware | Helmets are not required for models with 55cc or lower, and the operator is over 17 |
| Florida | Helmets are not required for mopeds with 50cc or lower and brake horsepower of 2 or less, as long as the operator is over 16 |
| Georgia | Helmets are not required for mopeds of 50cc or less and brake horsepower of 2 or less |
| Idaho | Helmets are not required for mopeds of 50cc or less |
| Kentucky | Helmets are not required for mopeds of 50cc or less and brake horsepower of 2 or less |
| Maine | Helmets are not required for motorized bicycles with pedals, brake horsepower of 1.5 or less and a maximum unassisted speed of 25 mph |
| Michigan | Helmets are not required for mopeds with 50cc or less and a maximum speed of 30 mph if the rider is at least 19 |
| Missouri | No helmet requirement for motorized bicycles with 50cc or less, brake horsepower less than 3 and a maximum unassisted speed of 30 mph |
| New Mexico | No helmet is required for mopeds with 50cc or less |
| New York | Helmet use is not required for Class C limited motorcycles with a maximum speed of 20 mph |
| Oklahoma | Helmets are not required for motor-driven cycles with 35cc or less that produce no more than 1,000 watts of power They are also not required for mopeds with 50cc and brake horsepower of 2 or less |
| South Carolina | Three-wheeled motorcycles with detachable side cars, saddle-type seats and handlebars, or motorcycle-type steering exempt from helmet requirements |
| Vermont | Helmets are not required for motor-driven cycles with engine displacement of 50cc or fewer, a maximum speed of 30 mph, and pedals |
| Wisconsin | No helmets are required for mopeds with engines 130cc or less, a maximum speed of 30 mph and pedals |
| Wyoming | Helmets are not required for mopeds with 50cc or less, brake horsepower of 2 or less and maximum speeds of 30 mph |
What States Require Motorcycle Helmets for Everyone?
Only 17 states and Washington, D.C., have universal helmet laws, meaning everyone must wear one regardless of age. They include:
- Alabama
- California
- District of Columbia
- Georgia
- Louisiana
- Maryland
- Massachusetts
- Mississippi
- Nevada
- New Jersey
- New York
- North Carolina
- Oregon
- Tennessee
- Vermont
- Virginia
- Washington
- West Virginia
There may be exceptions to these laws based on vehicle type. However, those are limited to smaller, slower-moving vehicles. If you ride a fully-powered motorcycle, expect to wear a helmet on all public roads in these states.
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How Helmet Use Affects Motorcycle Accident Claims
Riders who fail to wear helmets risk severe or fatal injuries. A reasonable motorcyclist knows these risks. Unfortunately, drivers involved in motorcycle crashes may argue helmetless riders bear the fault for their head injuries, even if they are at fault.
Personal injury law depends on a victim avoiding negligence. Some states hold a victim’s negligence, even if it's minimal, against them.
A few states use a contributory negligence standard. Under this legal principle, any negligence by the victim bars all injury compensation. A motorcyclist recovers nothing even if they bear only 1% of the fault and the other driver bears 99%.
Most states use “comparative negligence.” This legal theory is more forgiving of riders who choose not to wear helmets. Rather than barring all compensation, the law reduces their compensation in proportion to the rider’s share of the fault. So, a motorcycle rider who bears 22% of the fault will be compensated for 78% of the losses.
Learn More From ConsumerShield
If you seek a motorcycle accident settlement, you will likely have the best luck with a personal injury attorney with extensive experience with motorcycles and riders. Whether you were injured while riding helmetless or suspect your helmet was defective when it failed to protect you, ConsumerShield can help you find a lawyer.
ConsumerShield is dedicated to helping people understand their legal rights. Contact us for a free case evaluation.
Free Motorcycle Accident Case Review
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Frequently Asked Questions
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In total, 47 states and Washington, D.C., have motorcycle helmet laws. Of these states, 17 and Washington, D.C., have universal helmet laws that require all riders to wear them regardless of age.
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There are 30 states that only require some riders to wear helmets. The most common helmet requirement involves the rider’s age. Some states also base requirements on health insurance coverage. The most common age restriction requires riders 17 or younger to wear helmets — 18 states use this age cutoff.
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Three states allow all riders to ride motorcycles without helmets. New Hampshire has never had a motorcycle helmet law. Iowa and Illinois had motorcycle helmet laws before repealing them.
