Helmet and Selected Safety Laws for Motorcyclists and Bicyclists

• Author: Richard Leiter
• Pages: 175-187

Page 175

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 Thus, by 1980 most states totally repealed their helmet laws or severely narrowed them by restricting only young riders.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.

Page 176

Table 11: Helmet and Selected Safety Laws for Motorcyclists and Bicyclists
State/Code Section(s)	Motorcycle Helmet Required	Motorcycle Vision Protection Required	Bicycle Helmet Required	Bicycle Lights/Reflectors Required
ALABAMA: Ala. Code § 32-5A-245 (2006) (motorcycle helmet); Ala. Code § 32-5A-283 (2006) (bicycle helmet); Ala. Code § 32-5A-265 (2006) (bicycle visibility)	All operators and passengers		15 and younger	Equipped at night with a white front lamp, visible for 500 feet, and a red rear reflector, visible from 100 to 600 feet
ALASKA: Alaska Stat. § 28.35.245 (2006) (motorcycle helmet); Alaska Admin. Code tit. 13, § 04.350 (2006) (motorcycle vision protection); Alaska Admin. Code tit. 13, §§ 04.320, 04.335 (2006) (bicycle visibility)	Operators 17 and younger and those with instructional permits; passengers of all ages	Eye protection devise, windscreen, or windshield		Between ½ hour after sunset and ½ hour before sunrise and when conditions render persons or vehicles not clearly discernible at 1000 feet, equipped with a white front lamp, visible for 500 feet, a red rear reflector, and reflective material visible from both sides of the bicycle
ARIZONA: Ariz. Rev. Stat. Ann. § 28-964 (2006) (motorcycle helmet/vision protection) Ariz. Rev. Stat. Ann. § 28-817 (2006) (bicycle visibility)	Operators and passengers 17 and younger	Protective glasses, goggles, a transparent face shield, or a windshield		Equipped at night with a white front lamp, visible for 500 feet, and a red rear reflector, visible from 50 to 300 feet
ARKANSAS: Ark. Code Ann. § 27-20-104 (2006) (motorcycle helmet/vision protection) Ark. Code Ann. §§ 27-36-204, 27-36-220 (2006) (bicycle visibility)	Operators and passenger 20 and younger	Protective glasses, goggles, or a transparent face shield		Between ½ hour after sunset and ½ before sunrise and when conditions render persons and vehicles not clearly discernible at 500 feet, equipped with a white front lamp, visible for 500 feet, and either a red rear lamp, visible for 500 feet, or a red rear reflector, visible from 100 to 350 feet
CALIFORNIA: Cal. Veh. Code § 27803 (2006) (motorcycle helmet); Cal. Veh. Code § 21212 (2006) (bicycle helmet); Cal. Veh. Code § 21201 (2006) (bicycle visibility)	All operators and passengers		17 and younger	Equipped during darkness with a white front lamp (or lamp on the bicyclist), visible for 300 feet from the front and sides, a red rear reflector, visible for 500 feet, a white or yellow reflector on each pedal, visible from the front and rear for 200 feet, and either reflectorized tires or white or yellow side reflectors on the forward sides and white or red side reflectors on the rear sides

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State/Code Section(s)	Motorcycle Helmet Required	Motorcycle Vision Protection Required	Bicycle Helmet Required	Bicycle Lights/Reflectors Required
COLORADO: Colo. Rev. Stat. Ann. § 42-4-232 (2006) (motorcycle vision protection); Colo. Rev. Stat. Ann. § 42-4-221 (2006) (bicycle visibility)		Goggles or eyeglasses with lenses made of safety glass or plastic		Between sunset and sunrise and when conditions render persons and vehicles not clearly discernible at 1000 feet, equipped with a white front lamp, visible for feet, a red rear reflector, visible for 600 feet, and either reflective material, visible from both sides for 600 feet, or a lamp, visible for 500 feet
CONNECTICUT: Conn. Gen. Stat. Ann.§ 14-289g (2006) (motorcycle helmet); Conn. Gen. Stat. Ann. § 14-289d (2006) (motorcycle vision protection); Conn. Gen. Stat. Ann. § 14-286d (2006) (bicycle helmet); Conn. Gen. Stat. Ann. § 14-288 (2006) (bicycle visibility)	Operators and passengers 17 and younger	A vision-protecting device, including but not limited to goggles, glasses, face shields, windshields and wind screens	15 and younger	Between ½ hour after sunset and ½ hour before sunrise, where there is precipitation, and when conditions render persons and vehicles not clearly discernible at 500 feet, equipped with a white front lamp, visible for 500 feet, a rear reflector, visible for 600 feet, and reflective material, visible from both sides for 600 feet
DELAWARE: Del. Code Ann. tit. 21, § 4185(b) (2006) (motorcycle helmet/vision protection); Del. Code Ann. tit. 21, § 4198K (2006) (bicycle helmet/ visibility)	All operators and passengers must have a helmet in his or her possession; operators and passengers 18 and younger must wear one	Eye protection	15 and younger	Equipped at night with a white front lamp, visible for 500 feet, a red rear reflector, visible for 600 feet, and either reflective material, visible from both sides for 600 feet, or a lamp, visible from both sides for 500 feet
DISTRICT OF COLUMBIA: D.C. Mun. Regs. tit. 18, § 2215 (2006) (motorcycle helmet/vision protection); D.C. Code § 50-1605 (2006)

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