Helmet Legislation

Model Helmet Usage Law

This sample helmet law was developed by the League of American Wheelman's Helmet Law Task Force, chaired by Marc Weiss, with major contributions from John Allen, Michael Gessel, and Anne Markham. For further information, contact the League's Government Relations Director, Anne Markham, at the League's National Office.

It was prepared to assure that mandatory helmet laws enacted by state legislators will not have unintended side effects which unduly restrict the rights of bicyclists. This paper can also be helpful to advocates of bicyclist's rights on the local level, as well as to children's safety advocates who are concerned about safe bicycling.

Model Law

WHEREAS the major cause of death and permanent disability in bicycle accidents is head injury;

WHEREAS helmets and child carrying devices which meet nationally recognized standards have been demonstrated significantly to reduce the numbers of head injuries in accidents;

WHEREAS many cyclists do not use the appropriate equipment;

WHEREAS incentives are necessary to encourage bicyclists to wear helmets;

THEREFORE, BE IT ENACTED THAT:

  1. No person operating a bicycle on a highway shall ride other on a permanent and regular attached seat.
  2. Every person (under ________ years of age) operating a bicycle on a highway shall wear a helmet of good fit, fastened securely and meeting ANSI Z90.4 or subsequent bicycle helmet standards, or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling or subsequent standard.
  3. No person operating a bicycle on a highway shall allow four years or younger, weighing 40 pounds or less, to ride as a passenger on the bicycle, other than in a seat which shall adequately retain the passenger in place, and protect the passenger from the bicycle's moving parts; or else astride a regular seat of a tandem bicycle.
  4. No person operating a bicycle on a highway on a highway shall allow anyone to ride as a passenger unless the passenger is wearing a helmet as defined in or else is in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impacts in an accident without the need for a helmet.
  5. The first violation of (b), (c), or (d) shall be dismissed if the person charged submits proof that equipment meeting the standards in (b), (c), or (d) has been acquired for use by the operator or passenger. Otherwise, any violation of (c), (d), or (e) is punishable by fine, including all costs, of not more than $20.
  6. Failure to observe the provisions of sections (b) through (d) shall not be admissible as evidence of negligence in a court of law.*
  7. The provisions of this bill shall become effective six months from the date of its enactment.

*Provision (f) is included only for those few states retaining the rule of contributory negligence.