State Motorcycle Laws
Motorcycle Helmet Use Laws
A patchwork of motorcycle helmet laws and scant enforcement exist despite clear evidence that proper helmet use saves lives. Twenty states and the District of Columbia have universal motorcycle helmet laws. Twenty-seven states have laws that cover certain riders, usually those under the age of 18 and three states (Illinois, Iowa and New Hampshire) have no motorcycle helmet laws. In states with partial laws or without helmet laws, most riders who died were not wearing helmets.
The USDOT’s National Highway Traffic Safety Administration (NHTSA) encourages each State to have and enforce a law requiring all motorcycle operators and passengers to wear helmets meeting Federal Motor Vehicle Safety Standard (FMVSS) 218. Motorcycle helmets provide the best protection from head injury for motorcyclists involved in traffic crashes. Research has shown that the passage of helmet use laws governing all motorcycle operators and passengers (universal helmet laws) is the most effective method of increasing helmet use. These laws are also easy to enforce because of riders’ high visibility.
Data on crashes in States where only minors are required to wear helmets show that fewer than 40 percent of the fatally-injured minors wear helmets even though the law requires them to do so. Helmet laws that govern only minors are difficult to enforce. In 2006, 65 percent of all fatally injured motorcycle riders were not wearing a helmet in states without all-rider helmet laws, compared with only 13 percent in states with all-rider helmet laws.
A NHTSA study covering 10 states found that when universal helmet laws, which pertain to all riders, were repealed, helmet-use rates dropped from 99 percent to 50 percent. In states where the universal law was reinstated, helmet-use rates rose to above 95 percent.
Won't people wear helmets on their own? Unfortunately, the answer is usually no. Surveys have shown that in states without helmet laws, only 34 to 54 percent of motorcyclists wear helmets voluntarily. In states that do have these laws, more than 98 percent of motorcyclists wear them-an enormous difference.
According to NHTSA’s National Occupant Protection Use Survey, a nationally representative observational survey, motorcycle helmet use rose to 58 percent in June 2007, from 51 percent in June 2006. Helmet use had been falling from a high of 71 percent in October 2000. Use rates remain lower in states that do not require all riders to use helmets. In June 2007, 74 percent of motorcyclists in states requiring helmet use wore them, compared with 42 percent of motorcyclists in states that do not. The survey counts only helmets that comply with Department of Transportation standards.
Motorcycle helmet use was highest in the West, at 77 percent and in the South and Northeast, at 58 percent. Helmet use was lowest in the Midwest, at 49 percent.
Whether states are attempting to expand their helmet laws to cover all riders or to limit their helmet laws to a certain age group, motorcycle helmet laws are often being addressed by state legislators.
State Motorcycle Helmet Use Requirements
20 States, DC, and P.R.
Require Use for All Riders |
27 States Require Use for a Specific Segment of Riders (Usually Under Age 18) |
Alabama
California
District of Columbia
Georgia
Louisiana
Maryland
Massachusetts
Michigan
Mississippi
Missouri
Nebraska
|
Nevada
New Jersey
New York
North Carolina
Oregon
Puerto Rico
Tennessee
Vermont
Virginia
Washington
West Virginia
|
Alaska
Arizona
Arkansas
Colorado
Connecticut
Delaware
Florida
Hawaii
Idaho
Indiana
Kansas
Kentucky
Maine
Minnesota
Montana
|
New Mexico
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Carolina
South Dakota
Texas
Utah
Wisconsin
Wyoming
|
Not Required in 3 States
Illinois
Iowa
New Hampshire
|
Source: Legislative Facts 2008: Motorcycle Helmet Use Laws, NHTSA http://www.nhtsa.dot.gov/portal/nhtsa_static_file_downloader.jsp?
Motorcycle Operator Education and Licensing Laws
Another area where state legislatures have grappled with the issue of motorcycle safety is through laws with specific licensing and education requirements. As of 2006, 47 states had state-funded motorcycle safety programs, and all states required a special endorsement to operate a motorcycle. Nearly all states provide a motorcycle operator learner’s permit. These permits are valid for varying lengths of time, ranging from 60 days to two years. In most states, the learner’s permit is accompanied with various restrictions, including supervised riding, knowledge and skills tests, times of operation, passenger restrictions, and mandatory helmet and eye protection use.
There is no model motorcycle operator training or licensing standard. Requirements for licensing vary from state to state. For example, Nebraska, requires rider training for individuals under a certain age before they receive their learner’s permit, whereas in states—such as Oregon, Georgia and South Dakota—the skills test required for licensing can be waived if the rider has successfully completed a rider training course.
Resources for Employers: Keep Your Employee-Motorcyclists Safe
There are several organizations that provide helpful real time information online by state about motorcycle equipment and licensing requirements.
- Insurance Institute for Highway Safety has current motorcycle helmet laws at: http://www.iihs.org/laws/HelmetUseCurrent.aspx and a history of US motorcycle laws and changes in coverage at: http://www.iihs.org/laws/helmet_history.html.
