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Bicycle Helmets


Updated by: L. Jeanne Kaufmann

December 31, 2002

Bicycle helmets decrease the risk of head and brain injuries by 85 percent to 88 percent. Universal helmet use could prevent an average of 500 bicycle-related deaths and 151,000 non-fatal head injuries each year, according to the National Bike Safety Network. Helmets also reduce the risk of injury to the middle and upper face by 67 percent. Eighteen states and the District of Columbia have laws in place that require minors to wear helmets, and several localities have regulations that cover cities, counties and American Indian reservations. Typical provisions state that it is unlawful for a minor to operate a bicycle without wearing a helmet of good fit that meets the standards of one of the safety institutes. Currently, no federal laws mandate bicycle riders to wear helmets. However, in 1994 Congress passed the Child Safety Protection Act that included, among other things, the Children's Bicycle Helmet Safety Act of 1994, which requires the Consumer Product Safety Commission to establish a bicycle helmet standard. The provisions include adequately protecting the head and having chin straps strong enough to prevent helmets from coming off riders in a crash, collision or fall.

Bicycle Helmets

State

Does state law require minors to wear bicycle helmets state wide when operating a bicycle?

Citation

Provision

AL

Yes

Ala. Code §32-5A-283

Establishes that it is unlawful for anyone under age 16 to operate or be a passenger on a bicycle unless the person wears a protective bicycle helmet of good fit, fastened securely upon his or her head with straps at all times.

AK

No

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AZ

No-Citywide Regulations

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--

AR

No

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CA

Yes

Cal. Vehicle Code §21212

Prohibits a minor under age 18 from operating a bicycle or riding upon a bicycle as a passenger, upon a street, bikeway or any other public bicycle path or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute, the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials standard.

CO

No

--

--

CT

Yes

Conn. Gen. Stat. §14-286d and 1997 Conn. Acts, P.A. 46

Prohibits anyone under age 15 from operating a bicycle on the traveled portion of any highway unless he or she wears protective headgear that conforms to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling. Allows a law enforcement officer to issue a verbal warning to the parent or guardian of a child who has failed to comply with the law.

DE

Yes

Del. Code Ann. §4198L

Prohibits anyone under age 16 from operating or riding as a passenger on any bicycle, unless he or she wears a properly fitted and fastened bicycle helmet which meets or exceeds the standards of the American National Standards Institute or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling.

DC

Yes

DC Code §40-1401

Prohibits anyone under age 16 to operate or to be a passenger on a bicycle or any attachment to a bicycle on a public roadway, public bicycle path or other public right-of-way unless he or she wears a protective helmet of good fit, fastened securely upon the head with the straps of the helmet.

FL

Yes-except two counties that chose not to comply

Fla. Stat. §316.2065

Requires a bicycle rider or passenger under age 16 to wear a bicycle helmet that is properly fitted; is fastened securely upon the passenger's head by a strap; and meets the standards of the American National Standards, the Snell Memorial Foundation or any other nationally recognized standards for bicycle helmets.

GA

Yes

Ga. Code §40-6-296

Prohibits anyone under age 16 from operating or from being a passenger on a bicycle on a highway, bicycle path or sidewalk under the jurisdiction or control of this state or any local political subdivision unless he or she is wearing a bicycle helmet.

HI

Yes

Hi. Rev. Stat §291C-150

Prohibits anyone under age 16 to operate a bicycle on a street, bikeway, or any other public property unless he or she is wearing a properly fitted and fastened bicycle helmet that has been tested by a nationally recognized agency such as the National Highway Traffic Safety Administration, the National Safety Council, or the Children's Safety Network, and that is designed to fit the user and protect against head trauma. This requirement also applies to those who are in restraining seats attached to a bicycle or who ride in a trailer towed by a bicycle.

ID

No

--

--

IL

No-Citywide Regulations

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--

IN

No

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IA

No

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KS

No

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--

KY

No-Citywide Regulations

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--

LA

Yes

La. Rev. Stat. §32:199

Prohibits anyone under age 12 to operate or ride as a passenger on a bicycle unless he or she is wearing an approved helmet of good fit that is fastened securely upon the head with the straps of the helmet.

ME

Yes

Me. Rev. Stat. §2323

Requires anyone under age 16 who is an operator of or passenger on a bicycle on a public roadway or public bikeway to wear a helmet of good fit, positioned securely upon the head by helmet straps.

MD

Yes

Md. Transportation Code Ann.
§ 21-1207.1

Requires anyone under age 16 who is riding on a bicycle or is a passenger of a bicycle to wear a helmet at all times when the vehicle is being operated on any highway, bicycle way, or other property open to the public. Requires the helmet to meet or exceed the standards of the American National Standards Institute, the Snell Memorial Foundation's standard, or the standards of the American Society of Testing and Measurements for protective headgear for use in bicycling.

MA

Yes

Mass. Gen. Laws Ann. Ch. 85: §11B

Requires anyone age 12 or younger who operates a bicycle or is a passenger on a bicycle on a public way, bicycle path or on any other public right-of-way to wear a helmet. Requires that the helmet fit the person's head and be secured by straps while the bicycle is being operated, and that the helmet meet the standards for helmets established by the American National Standards Institute, the Snell Memorial Foundation or subsequent standards.

MI

No-Citywide Regulations

--

--

MN

No

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--

MS

No

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--

MO

No-Citywide Regulations

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--

MT

No-Countywide Regulation

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--

NE

No-American Indian Reservation Regulations

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--

NV

No

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--

NH

No

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--

NJ

Yes

N.J. Rev. Stat. §39:4-10.1

Requires anyone under age 14 from operating or riding upon a bicycle as a passenger, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute or the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling.

NM

No

--

--

NY

Yes

N.Y. Vehicle and Traffic Law §1238

Prohibits anyone from allowing a minor under age 14 to ride as a passenger on a bicycle unless he or she is wearing a helmet that meets the headgear standards of the American National Standards Institute or the Snell Memorial Foundation's standards.

Requires operators under age 14 to wear protective headgear when riding a bicycle.

NC

Yes

N.C. Rev. Stat. §20-171.9

Requires bicycle operators or riders under age 16 to wear a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet while on a public roadway, public bicycle path or other public right-of-way.

ND

No

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--

OH

No-Citywide Regulations

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--

OK

No

--

--

OR

Yes

Or. Rev. Stat. §814.485

States that anyone under age 16 commits an offense if he or she operates or rides a bicycle on a highway or on premises open to the public and is not wearing approved protective headgear. Adds that failure to wear protective headgear is a traffic infraction punishable by a maximum fine of $25.

PA

Yes

Pa. Cons. Stat. tit. 75 §3510

States that anyone under age 12 shall not operate a pedalcycle or ride as a passenger on a pedalcycle unless the person is wearing a pedalcycle helmet that meets the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling or any other nationally recognized standard for pedalcycle helmet approval.

RI

Yes

R.I. Gen. Laws §31-19-2.1

Requires anyone age 15 or younger who is operating or is a passenger on a bicycle on a public highway, bicycle path or on any other public right-of-way to wear a helmet. Adds that the helmet is to fit the person's head, be secured to the person's head by straps while the bicycle is being operated, and must meet the standards for helmets established by the Snell Memorial Foundation's Standard for Use in Bicycling, standards established by the American Society for Testing and Materials, or standards established by the U.S. Consumer Product Safety Commission or subsequent standards.

SC

No

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--

SD

No

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--

TN

Yes

Tenn. Code Ann. §55-52-104

States that, when riding on a bicycle on state roadways, all bicycle operators under age 16 are to wear approved protective bicycle helmets.

TX

No-Citywide Regulations

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UT

No

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VT

No

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VA

No-Citywide Regulations

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--

WA

No-Citywide Regulations

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--

WV

Yes

W. Va. Code §17C-11A-2

Requires all passengers and bicycle riders under age 15 to wear approved protective bicycle helmets when riding on public roads, public bicycle paths and other public rights-of-way of this state.

WI

No

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--

WY

No-Citywide Regulations

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--

Source: The National Conference of State Legislatures, December 2002.

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