Bicycle Helmet Legislation

Legislation requiring bicycle helmet use can vary according to the needs of the state or county passing the law. Persons who draft laws requiring the use of bicycle helmets should consider the following components:

1. Ages covered -- Bicycle helmets should be worn by persons of all ages, including both bicycle operators and passengers, when they are on bicycles. Therefore, the most protective option is to include operators and passengers of all ages in the law. However, some states have been reluctant to pass laws that cover all ages because of difficulty with enforcement of the law. The alternative option is to include only children less than 15 years of age. (See Recommendation 1.)

2. Helmet standards -- Helmets worn by bicyclists should meet or exceed the current standards of either the American National Standards Institute, the Snell Memorial Foundation, or the American Society for Testing and Materials. (See Helmet Standards.)

3. Locations where riders must wear helmets -- The law should require helmet use in all places where bicyclists ride. A law that does not require helmet use in public parks, on trails, on boardwalks, or in other areas set aside for bicycle or pedestrian use does not provide adequate protection for the rider. (See Recommendation 2.)

4. Enforcement Provisions -- Bicycle helmet laws can be enforced in several ways. In Howard County, Maryland, the law requires that children less than 16 years of age wear helmets and that a warning letter be given to a child's parent or guardian after the first and second offenses. On the third offense, a citation with a $50 fine is given. In New Jersey, the state law includes a $25 penalty for each incident in which a child less than 14 years of age fails to wear a bicycle helmet. Each subsequent fine is $100. In addition, all fines in New Jersey are deposited in a Bicycle Safety Fund to be used for bicycle safety education. Other methods of enforcement include confiscation of the bicycle. For example, in Beechwood, Ohio, the police can temporarily take possession of the child's bicycle until the child's parent or guardian has been notified. Several of the current laws waive the penalty if proof of helmet ownership or purchase is provided. Communities may decide to issue discount coupons along with a warning or citation to encourage the purchase of bicycle helmets. Existing laws also address the liability of the manufacturers and retailers of bicycle helmets and renters of bicycles.

Next >> Organizations that Provide Information on Bicycle Helmet Campaigns
Components of a Community-Based Bicycle Helmet Campaign