Motorcycle Helmet Laws By State For Operators and Passengers

The debate on the legality of requiring someone to wear a motorcycle helmet has been an issue since 1967 when the federal government successfully required states to enact helmet laws in order to be eligible for highway funds and safety programs. In early 1970, most states had motorcycle helmet laws in place; but in the years that have followed, many states have repealed, amended and even reenacted their helmet laws. In 1976, the states lobbied congress and won, and were no longer financial penalized by the Department of Transportation if the state did not have a helmet law.

As of December 1, 2012, only three states have no motorcycle helmet laws in place. Twenty-Eight states have motorcycle helmet laws in place, which could include age regulations, insurance requirements, motorcycle operating experience or a combination of all three. Nineteen states require all riders at all times to be wearing a motorcycle helmet.

 A breakdown of Motorcycle Helmet Laws based on law

 Three States Without Any Motorcycle Helmet Laws:

  1. Illinois
  2. Iowa
  3. New Hampshire

Nineteen States (and The District of Columbia) Requiring All Riders (Operator and Passenger) To Be Wearing Helmets:

  1. Alabama
  2. California
  3. Georgia
  4. Louisiana
  5. Maryland
  6. Massachusetts
  7. Mississippi
  8. Missouri
  9. Nebraska
  10. Nevada
  11. New Jersey
  12. New York
  13. North Carolina
  14. Oregon
  15. Tennessee
  16. Vermont
  17. Virginia
  18. Washington
  19. West Virginia

States With Motorcycle Helmet Laws Only Requiring That The Motorcycle Operator be 18 Years of Age or Older:

  1. Arizona
  2. Colorado
  3. Connecticut
  4. Hawaii
  5. Idaho
  6. Indiana
  7. Kansas
  8. Montana
  9. New Mexico
  10. North Dakota
  11. Oklahoma
  12. South Dakota
  13. Utah
  14. Wyoming

States having Motorcycle Helmet Laws That Vary Based On Different Criteria:

  1. Alaska – Operators under the age of 18 and Operators with Instructional Permits must wear helmets
  2. Arkansas – Operators under the age of 21 must wear helmets
  3. Delaware – Operators under the age of 19 must wear helmets, Operators 19 years of age and older must have in their possession a helmet that has been approved for safety by the Secretary of State
  4. Florida – Operators under the age of 21 and Operators 21 and over can only ride without a helmet in they can show proof of medical insurance
  5. Kentucky – Operators under the age of 21 must wear a helmet but Operators 21 an over can ride without a helmet with proof of medical insurance – However, no matter the age, if the Operator is driving on a learner’s permit or instructional permit, they must wear a helmet
  6. Maine – Operators driving on a learner’s or instructional permit or driving within their first year of licensure must wear a helmet
  7. Michigan – Operators under the age of 21 must wear a helmet at all times.  Operators over 21 can choose not to wear a helmet if they:
    1. Carry additional insurance
    2. Have passed a motorcycle safety course or have had their motorcycle endorsement for at least two years
  8. Minnesota – Operators under the age of 18 and Operators with learner’s or instructional permits must wear a helmet
  9. Ohio – Operators under the age of 18 and Operators during their first year of licensure must wear a helmet
  10. Pennsylvania – Operators under the age of 21 must wear a helmet and Operators with less than two years of licensure are required to wear a motorcycle helmet – Unless a PennDOT or Motorcycle Safety Foundation approved safety course has been completed
  11. Rhode Island – Operators under the age of 21 and all Operators in their first year of licensure must wear a helmet.
  12. South Carolina – Operators under the age of 21 must wear a helmet
  13. Texas – Operators under the age of 21 must wear a helmet. Operators over the age of 21 are not required to wear a helmet if they:
    1. Complete a motorcycle Operator training and safety course
    2. OR the Operator has proof of medical insurance coverage
  14. Wisconsin – Operators under 18 years of age must wear a helmet as well as Operators that are riding with learner’s or instructional permits

Motorcycle Helmet Laws that Passengers should be aware of:

  1. Alaska requires all passengers, of all ages, to wear a motorcycle helmet
  2. Colorado requires all passengers under the age of 18 to wear a helmet
  3. Maine requires all passengers under the age of 18 to wear a helmet as well as all passengers on a motorcycle where the Operator is required to wear a helmet
  4. Michigan requires that passengers where a helmet if they are under 21 years of age and if they are 21 years of age or older they must carry additional insurance if they prefer not to wear a helmet
  5. North Dakota requires all passengers to wear helmets if the Operator is required to wear a helmet by law
  6. Ohio requires all passengers to wear helmets if the Operator is required to wear a helmet by law
  7. Rhode Island requires all passengers, of all ages, to wear a motorcycle helmet

Motorcycle helmet laws have changed and will keep changing.  For those required to wear a helmet by law, they are not always required to wear helmets that are DOT (Department of Transportation) or SNELL approved (The SNELL foundation is an organization created by friends of auto racer Peter Snell who died from a head injury in the 50’s, the foundation tests and certifies that helmets meet certain safety standards) but as you can see a few states do have motorcycle helmet laws that make it clear that the helmets are government approved.