Helmet Laws

November 2009


Motorcycle Helmets

In 1967, the federal government began requiring states to enact universal motorcycle helmet laws to qualify for certain highway safety funds. By 1975, all but three had complied. However, in 1976, Congress revoked federal authority to assess penalties for noncompliance, and states began to weaken helmet laws to apply only to young or novice riders.

Currently, only about half the states require helmets for all motorcyclists. Most other states require helmets for certain riders, and a few have no helmet law. GHSA urges all states to adopt a universal motorcycle helmet law and vigorously enforce existing laws.

  • 47 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands have a helmet law for motorcyclists.
    • 20 states, the District of Columbia, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands have a universal helmet law, requiring helmets for all riders.
    • The remaining 27 states and Guam require helmets for specific riders.
  • 3 states (Illinois, Iowa and New Hampshire) do not have a motorcycle helmet law.

Bicycle Helmets

Fewer states have enacted bicycle helmet laws. GHSA only tracks state laws. However, in many states, local law may require helmet use for some or all bicyclists.
  • 21 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands have a helmet law for bicyclists.
    • Only the Virgin Islands requires helmets for all bicyclists.
    • The rest require helmets for riders below a certain age, generally about 16.
  • 29 states and Guam have no bicycle helmet law.

State

Motorcyclists

Bicyclists

Universal Helmet Law
(Year Enacted)

Partial Law

Universal Helmet Law Repealed

Alabama 1967     <16
Alaska   <18 and all operators w/ instructional permit 1976  
Arizona   <18 1976  
Arkansas   <21 1997  
California 1992     <18
Colorado   <18 if they are operating or riding with another operator under 18 1977  
Connecticut   <18 1976 <16
Delaware   <19 1978 <18
D.C. 1970     <16
Florida   <21
>21 with <$10,000 in medical insurance		 2000 <16
Georgia 1969     <16
Guam   <18    
Hawaii   <18 1977 <16
Idaho   <18 1978  
Illinois     1970  
Indiana   <18 1977  
Iowa     1976  
Kansas   <18 1976  
Kentucky   <21 or anyone who has had their license for <1 year 1998  
Louisiana 2004     <12
Maine   Passengers <15 and anyone within 1 year of obtaining a motorcycle license 1977 <16
(For a 2nd or subsequent violation, a $25 fine may be given.)
Maryland 1992     <16
Massachusetts 1967     >1 and <17 (riding with children <1 prohibited)
Michigan 1969      
Minnesota   <18 and all operators with an instruction permit, no matter what age 1977  
Mississippi 1974      
Missouri 1967      
Montana   <18 1977  
Nebraska 1989      
Nevada 1972      
New Hampshire       <16
New Jersey 1968     <17
New Mexico   <18 1977 <18
New York 1967     >1 and <14 (riding with children <1 prohibited)
North Carolina 1968     <16
North Dakota   <18 1977  
Northern Mariana Islands Yes     <18
Ohio   <18 or anyone within 1 year of obtaining a motorcycle license; passengers, if the operator is required to wear a helmet 1978  
Oklahoma   <18 1976  
Oregon 1988     <16
Pennsylvania   <21 or all operators within two years of licensure, unless they have completed a safety course approved by PennDOT or the Motorcycle Safety Foundation 2003 <12
Puerto Rico Yes      
Rhode Island   < 21 or any new operator within one year after license issued; all passengers 1976 <16
South Carolina   <21 1980  
South Dakota   <18 1977  
Tennessee 1967     <16
Texas   <21 1997  
Utah   <18 1977  
Vermont 1968      
Virgin Islands Yes     All
Virginia 1970      
Washington 1990      
West Virginia 1971     <15
Wisconsin   <18 and all operators w/ instructional permit 1978  
Wyoming   <18 1983  
Totals 47 + D.C., Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands 29 states have had a universal helmet law repealed 21 + D.C., Northern Mariana Islands, Virgin Islands

Age (# of States)
All (Virgin Islands)
<18 (3 + Northern Mariana Islands)
<17 (2)
<16 (12 + D.C.)
<15 (1)
<14 (1)
<12 (2)
20 + D.C., Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands 27 + Guam

Age (# of States)
<21 (7)
<19 (1)
<18 (19)
Passengers <15 (1)

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.