It’s always a good idea to wear a helmet when riding on or driving a motorcycle to protect yourself from injury in the event of an accident, but there’s also another reason for wearing a helmet, to follow the law. Each state has their own rules and regulations for wearing helmets for both drivers and passengers, so it’s important to make sure you stay compliant wherever you drive. 

Here we are going to go over some of the most common helmet laws across the 50 states, what they mean and how to stay following the law while you drive across the country and beyond. We won’t be discussing individual laws for each state, but instead we are going to give an overview of the criteria for helmet laws and an explanation of some of the more common laws that are in effect as of the writing of this post. 

As always, if you are unsure about the specific helmet laws in your state, you can check with local government resources to make sure you stay compliant while on the road. 

The History of Motorcycle Helmet Laws 

While every state now has mandatory helmet laws for motorcyclists and passengers, that wasn’t always the case. In fact, not until 1966 did the federal government attempt to mandate national helmet laws by withholding federal funding. This would cause 47 states and the District of Columbia to enact helmet laws set by a federal mandate. 

However, many of these laws would be repealed thanks to a change in policy in 1975. This would lead to states deciding to enact their own motorcycle helmet laws at their own times. The original intent of the mandate was to improve motorcycle safety and reduce the number of injuries as a result of crashes. However, at present, only 19 states and DC have laws governing all riders, 3 states have no laws at all for motorcycle helmets and the remaining states have disparate laws covering some riders, different categories of bikes, riders of different ages and other complications. 

To avoid any problems while riding, we recommend wearing a helmet at all times while riding on or driving a motorcycle. 

Types of Bike Laws 

Here we are going to break down some of the laws that are currently on record so that you can understand their meaning while on the road and obey them properly. 

All Riders and All Vehicles 

In 17 states, they have decided that all riders and passengers are required to wear a motorcycle helmet. These laws have no age restriction for the rider or the passenger, meaning regardless of age, a helmet must be worn. Additionally, the helmet law applies to all categories of vehicle, even smaller engine mopeds, mini-bikes, and makeshift vehicles. 

Based on the data, more and more states are starting to adopt these types of laws as a way to prevent injuries in accidents, particularly in light of the increase in traumatic brain injuries that can result from accidents on a motorcycle, bike, or other smaller vehicle. Being that two wheeled vehicles of any kind do not have the safety features of a car truck or other large vehicle, helmets are almost the only way to protect someone from a severe injury to the head.

In modern times, even insurance providers have gotten into the debate over helmet use and safety as payouts for injuries impact the insurance companies so greatly, they have lobbied to increase the regulations on all motor vehicles, including motorcycles. 

Age Restricted Helmet Laws 

Most states that have not opted to require every driver or passenger to wear a helmet have instead opted to put age restrictions on the helmet law. The vast majority of these states require that anyone under 17 wear a helmet while riding or driving. Some states have chosen to make this age 20 and younger. These laws are more closely tied to legal age of adulthood, opting to make it a choice for riders after the age of 18 or 21 and mandatory so long as they are below those ages. 

It’s a good idea to remember that even if you feel that you don’t need to wear a helmet, state law may require that an underage passenger must wear one. As always, check out your local state laws before you ride alone or with passengers. 

Vehicle Restrictions 

Some helmet laws only apply to vehicles over a certain horsepower or a certain engine displacement. While these stipulations can vary wildly, a standard measurement is anything with a displacement over 50 cc and/or a top speed above 25 miles per hour. This is likely done on the basis that severe injuries are much less likely at slower speeds and smaller engines allow for lower maximum speeds. 

Some laws are more specific, naming particular vehicles like mopeds as being allowed to be ridden without helmets, while higher classes of bikes must require helmets. This can make it more difficult for an amateur rider to know what to do. That’s why we suggest always wearing a helmet while on a vehicle, a bike, a scooter , any other vehicle that can travel at a rate of speed faster than a walking pace. 

States With No Law

As of this writing, Illinois, Iowa, and New Hampshire have no laws for wearing motorcycle helmets, so it is up to the discretion of the passenger and driver when and if to wear a helmet. 

Conclusion 

Helmets are designed to make riding a motorcycle more safe. Unfortunately, not all states follow the same laws when it comes to how and when to wear a helmet. Some states require everyone to wear a helmet, while others restrict it based on age and size of the vehicle. Further still, a select few states have no helmet laws whatsoever. 

To protect yourself from injury and the potential of breaking the law, it is a good idea to make wearing a helmet any time you drive or ride a habit and that way you are alway in compliance no matter what the law says. It’s better to be safe than sorry so that you can enjoy your bike ride in peace. 

Go home