Helmet use laws

December 2008


  • Laws requiring all motorcyclists to wear a helmet are in place in 20 states and the District of Columbia
  • Laws requiring only some motorcyclists to wear a helmet are in place in 27 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 ("universal" in the sense that they covered all riders).  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. By 1980, most states had repealed or limited their motorcycle helmet laws to cover riders younger than 18, but not older riders.  Later states that had repealed the law, reinstated it but only for young riders.  All but 3 states (Illinois, Iowa, and New Hampshire) now require some or all motorcyclists to wear helmets.  Since 1997, Arkansas, Florida, Kentucky, Pennsylvania, and Texas have changed their laws covering all riders to apply only to young riders.  And most recently, Louisiana moved from a partial to a universal motorcycle helmet law.

Bicycle helmets also prevent injuries, but 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.

©1996-2008, Insurance Institute for Highway Safety, Highway Loss Data Institute
1005 N. Glebe Road, Suite 800, Arlington, VA 22201 USA | tel 703/247-1500 | fax 703/247-1588