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Motorcycle and bicycle helmet use laws

May 2012

Laws requiring all motorcyclists to wear a helmet are in place in 19 states and the District of Columbia
Laws requiring only some motorcyclists to wear a helmet are in place in 28 states
There is no motorcycle helmet use law in 3 states (Illinois, Iowa, and New Hampshire)
Some bicyclists are required by law to wear a helmet in 21 states and the District of Columbia
There is no bicycle helmet use law in 29 states

The history of motorcycle helmet laws in the United States is characterized by change. In 1967, to increase motorcycle helmet use, the federal government required the states to enact helmet use laws in order to qualify for certain federal safety programs and highway construction funds. The federal incentive worked. By the early 1970s, almost all the states had universal motorcycle helmet laws. Michigan was the first state to repeal its law in 1968, beginning a pattern of repeal, reenactment, and amendment of motorcycle helmet laws. In 1976, states successfully lobbied Congress to stop the Department of Transportation from assessing financial penalties on states without helmet laws.

No state has a universal bicycle helmet law. Only 21 states and the District of Columbia have statewide bicycle helmet laws, and they apply only to young riders (often riders younger than 16). Local ordinances in a few other states require bicycle helmets for some or all riders.

Low-power cycle is a generic term used by the Institute to cover motor-driven cycles, mopeds, scooters, and various other 2-wheeled cycles excluded from the motorcycle definition. While state laws vary, a cycle with an engine displacement of 50 cubic centimeters or less, brake horsepower of 2 or less, and top speeds of 30 mph or less typically is considered a low-power cycle. Twenty-three states have motorcycle helmet laws that cover all low-power cycles. Twenty-four states and the District of Columbia have laws that cover some low-power cycles.

State	Motorcycle helmet use governs:	Does the motorcycle helmet law cover all low-power cycles?	Bicycle helmet use governs:
Alabama	all riders	yes Alabama all low-power cycles covered by the motorcycle helmet law	15 and younger
Alaska	17 and younger¹	yes Alaska all low-power cycles covered by the motorcycle helmet law	no law
Arizona	17 and younger	some Arizona all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 1 1/2, or can attain speeds greater than 25 mph are covered by the motorcycle helmet law	no law
Arkansas	20 and younger	yes Arkansas all low-power cycles covered by the motorcycle helmet law	no law
California	all riders	yes California all low-power cycles covered by the motorcycle helmet law	17 and younger
Colorado	17 and younger and passengers 17 and younger	yes Colorado all low-power cycles covered by the motorcycle helmet law	no law
Connecticut	17 and younger	yes Connecticut all low-power cycles covered by the motorcycle helmet law	15 and younger
Delaware	18 and younger²	some Delaware all low-power cycles except motorized scooters are covered by the motorcycle helmet law; bicycle helmet acceptable for motorized scooter	17 and younger
District of Columbia	all riders	some District of Columbia all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 1 1/2, or can attain speeds greater than 35 mph are covered by the motorcycle helmet law	15 and younger
Florida	20 and younger³	some Florida all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph and all low-power cycles operated by those 15 and younger are covered by the motorcycle helmet law	15 and younger
Georgia	all riders	some Georgia all low-power cycles are covered by the motorcycle helmet law except bicycle helmets are acceptable for electric assisted bicycles	15 and younger
Hawaii	17 and younger	some Hawaii all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	15 and younger
Idaho	17 and younger	some Idaho all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 5, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	no law
Illinois	no law	no law Illinois no law	no law
Indiana	17 and younger	yes Indiana all low-power cycles covered by the motorcycle helmet law	no law
Iowa	no law	no law Iowa no law	no law
Kansas	17 and younger	some Kansas all low-power cycles except electric assisted bicycles are covered by the motorcycle helmet law	no law
Kentucky	20 and younger⁴	some Kentucky all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	no law
Louisiana	all riders	yes Louisiana all low-power cycles covered by the motorcycle helmet law	11 and younger
Maine	17 and younger⁵	some Maine all low-power cycles with an engine displacement greater than 50cc or more than 1,500 watts are covered by the motorcycle helmet law	15 and younger
Maryland	all riders	yes (effective 10/01/12) Maryland all low-power cycles designed to travel at speeds exceeding 35 mph, scooters with with engine displacement greater than 50cc or brake horsepower greater than 2.7 and mopeds with an engine displacement greater than 50cc or brake horsepower greater than 1.5 are covered by the motorcycle helmet law	15 and younger
Massachusetts	all riders	yes Massachusetts all low-power cycles covered by the motorcycle helmet law	1–16 (riding with children younger than 1 prohibited)
Michigan	20 and younger⁶	some Michigan all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph and all low-power cycles operated by those 18 and younger are covered by the motorcycle helmet law	no law
Minnesota	17 and younger⁷	yes Minnesota all low-power cycles covered by the motorcycle helmet law	no law
Mississippi	all riders	yes Mississippi all low-power cycles covered by the motorcycle helmet law	no law
Missouri	all riders	some Missouri all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 3, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	no law
Montana	17 and younger	some Montana all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	no law
Nebraska	all riders	yes Nebraska all low-power cycles covered by the motorcycle helmet law	no law
Nevada	all riders	some Nevada all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	no law
New Hampshire	no law	no law New Hampshire no law	15 and younger
New Jersey	all riders	yes New Jersey all low-power cycles covered by the motorcycle helmet law	16 and younger
New Mexico	17 and younger	some New Mexico all low-power cycles with an engine displacement greater than 50cc or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	17 and younger
New York	all riders	some New York all low-power cycles designed to travel at speeds of 20 mph or greater are covered by the motorcycle helmet law	1–13 (riding with children younger than 1 prohibited)
North Carolina	all riders	yes North Carolina all low-power cycles covered by the motorcycle helmet law	15 and younger
North Dakota	17 and younger⁸	yes North Dakota all low-power cycles covered by the motorcycle helmet law	no law
Ohio	17 and younger⁹	yes Ohio all low-power cycles covered by the motorcycle helmet law	no law
Oklahoma	17 and younger	some Oklahoma all low-power cycles are covered by the motorcycle helmet law except bicycle helmets are acceptable for electric assisted bicycles operated by those 18 and younger	no law
Oregon	all riders	yes Oregon all low-power cycles covered by the motorcycle helmet law	15 and younger
Pennsylvania	20 and younger¹⁰	some Pennsylvania all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 1 1/2, or can attain speeds greater than 25 mph are covered by the motorcycle helmet law	11 and younger
Rhode Island	20 and younger¹¹	some Rhode Island all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 4.9 or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	15 and younger
South Carolina	20 and younger	yes South Carolina all low-power cycles covered by the motorcycle helmet law	no law
South Dakota	17 and younger	yes South Dakota all low-power cycles covered by the motorcycle helmet law	no law
Tennessee	all riders	yes Tennessee all low-power cycles covered by the motorcycle helmet law	15 and younger
Texas	20 and younger¹²	some Texas all low-power cycles, except motor assisted scooters with an engine displacement less than than 40cc, are covered by the motorcycle helmet law	no law
Utah	17 and younger	yes Utah all low-power cycles covered by the motorcycle helmet law	no law
Vermont	all riders	some Vermont all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	no law
Virginia	all riders	some Virginia all low-power cycles operated at speeds greater than 35 mph or with an engine displacement greater than 50cc are covered by the motorcycle helmet law	no law
Washington	all riders	yes Washington all low-power cycles covered by the motorcycle helmet law	no law
West Virginia	all riders	some West Virginia all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	14 and younger
Wisconsin	17 and younger¹³	some Wisconsin all low-power cycles designed to travel at speeds exceeding 30 mph or a Type 1 motorcycle with an automatic transmission with an engine displacement greater than 50cc are covered by the motorcycle helmet law	no law
Wyoming	17 and younger	some Wyoming all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law	no law

¹Alaska's motorcycle helmet use law covers passengers of all ages, operators younger than 18, and operators with instructional permits.

²In Delaware, every motorcycle operator or rider age 19 and older shall have in their possession a safety helmet approved by the Secretary.

³In Florida, the law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they can show proof that they are covered by a medical insurance policy.

⁴In Kentucky, the law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they can show proof that they are covered by a medical insurance policy. Motorcycle helmet laws in Kentucky also cover operators with instructional/learner's permits.

⁵Motorcycle helmet laws in Maine cover operators with instructional/learner's permits and operators in their first year of licensure. Maine's motorcycle helmet use law also covers passengers 17 years and younger and passengers if their operators are required to wear a helmet.

⁶In Michigan, the law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they carry additional insurance and have passed a motorcycle safety course or have had their motorcycle endorsement for at least two years. Motorcycle passengers who want to exercise this option also must be 21 or older and carry additional insurance.

⁷Motorcycle helmet laws in Minnesota cover operators with instructional/learner's permits.

⁸North Dakota's motorcycle helmet use law covers all passengers traveling with operators who are covered by the law.

⁹Ohio's motorcycle helmet use law covers all operators during the first year of licensure and all passengers of operators who are covered by the law.

¹⁰Pennsylvania's motorcycle helmet use law covers all operators during the first two years of licensure unless the operator has completed the safety course approved by PennDOT or the Motorcycle Safety Foundation.

¹¹Rhode Island's motorcycle helmet use law covers all passengers (regardless of age) and all operators during the first year of licensure (regardless of age).

¹²Texas exempts riders 21 years or older if they can either show proof of successfully completing a motorcycle operator training and safety course or can show proof of having a medical insurance policy. A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.

¹³Motorcycle helmet laws in Wisconsin cover operators with instructional/learner's permits.