11. Helmet and Selected Safety Laws for Motorcyclists and Bicyclists

Statistics demonstrate that the most serious injuries to motorcycle or bicycle riders are head injuries, and that the use of helmets and other safety gear can prevent many serious injuries. With increasing frequency, states have created statutes to improve the safety of vehicle operators, passengers, and the public. This is true concerning smaller vehicles like motorcycles and bicycles. Small vehicles, however, may be increasing in popularity and importance, as such vehicles are generally more environmentally friendly and less expensive than bulkier options.

Like many legal compromises, motorcycle and bicycle safety laws require a balance between individual liberties and regulated precautions. In this realm, however, the compromises that states have considered appropriate are far from uniform. Indeed, state laws on such issues are diverse and inconsistent. Consequently, anyone involved with or interested in these vehicles should have knowledge of at least the laws of the state in which he or she resides. Because of this, a state-by-state comparison is desirable for guidance.

The history of motorcycle helmet laws in particular has been quite dramatic. To increase helmet use, in 1967 the federal government forced states to enact helmet laws by conditioning certain federal funding on their enactment. In the face of losing such large benefits, states toed the line, and almost every state enacted a helmet law covering all riders by the early 1970s. Not long thereafter, however, states’ lobbying efforts convinced the federal legislature to abandon financial penalties if states refused to comply. Thus, by 1980 most states totally repealed their helmet laws or severely narrowed them by restricting only young riders. Since then, enjoying complete individual freedom, states have chosen many options, ranging from the four states that have no helmet law at all to the twenty-six whose helmet law covers all riders. The remaining states do something in between, generally requiring helmets for younger riders (and some for those with instructional permits). A few statutes even consider proof of medical insurance and/or completing safety courses. Eye protection, generally through glasses, visors, and/or windshields, is another common safety requirement placed on motorcyclists by statute, being utilized by about two-thirds of states.

Regarding bicycle helmets, no state has a universal restriction, most likely due to the limited speeds as compared to motorcycles. In fact, the majority of states have no bicycle helmet law at all. Nevertheless, almost half of the states have laws that require younger riders to wear helmets, ranging from eleven and younger to seventeen and younger. Two states even restrict children less than one year old from being a passenger on a bicycle.

Perhaps not surprisingly, in recent decades states have enacted laws requiring certain lights, reflectors, and/or reflective gear to be used by bicyclists at night. All states require front lamps and rear lamps or reflectors. In addition, about one-third require reflective material on the bicycle’s sides. Six even require pedal reflectors, though most of these allow other reflective gear, such as ankle bands, to substitute. Increasing technological advances, especially in batteries and lamps, have made requiring bicycle visibility equipment more practical.

In addition to motorcycle- and bicycle-related state statutory requirements, it is also important to remember that many localities have ordinances that call for different or greater safety precautions than those required by state law, though oftentimes state law trumps local law or local law cannot be considered valid if it is inconsistent with state law.