Blog Post
It’s all the buzz for bicyclists here in the capital region: The state of Maryland could be the first to pass a law mandating helmet use for all bicyclists regardless of age.
Currently, no state has such a requirement, though a good number have a similar statute to Maryland’s: mandating helmet use for bicyclists under the age of 16.
With all the discussion about helmet laws, I figured it was a good time to tackle this thorny issue in my ongoing Bike Law University series…
What are helmet laws?
Helmet laws require any person on a bicycle wear a helmet. All current helmet laws are directed at persons under the age of 18. No state requires mandatory helmet use by all bicyclists. In many states, helmet laws can be enforced against the person on the bicycle or against a parent of that person. Some states with a mandatory helmet use law limit whether compliance with the law can be considered in civil lawsuits in order to prevent their laws from limiting the recovery of bicyclists who are injured. There are many other variations on the enforcement and effect of mandatory helmet use laws, as discussed through the laws of our spotlight states.
Why should you care?
The use of helmets is perhaps the most common recommendation for safer bicycling. The League has encouraged bicyclists to wear helmets for more than 25 years, and our affiliated clubs and advocacy groups typically require their use on organized rides. However, the League does not support mandatory helmet laws because of the many potential unintended consequences.
The experience of countries with greater bicycle use than the United States tells us that safer bicycling comes from many policy decisions — especially safer infrastructure — and does not require mandatory helmet use laws. Mandatory helmet use laws may hurt bicyclist safety overall by discouraging bicycling, by promoting the idea that it is an unsafe activity or by raising a barrier to transportation choice — despite being the safest choice for an individual cyclist. We all want safer bicycling and policies that encourage more people to ride, provide appropriate facilities, and educate all road users about safely sharing the road. These are likely to be more effective in the long term.
Who has them?
Twenty-one states and the District of Columbia have laws that require persons under the age of 18 to wear a helmet. Within that, however, the age threshold varies widely. Of states that require helmet use, most (12) only require helmets for persons less than 16 years of age. Of the 15 states that require helmet use, the District of Columbia and Virginia — which does not require helmet use — maintain a law that limits the consideration of failure to wear a helmet in a lawsuit. This protects the ability of a bicyclist who chose not to wear a helmet to recover damages if they are injured in a crash. The need for and effect of such a law may be more or less necessary depending upon how liability or fault is determined in a state.
(Click on the image to view the full chart showing the breakdown of helmet laws across the country.)
Where did they come from?
The first state to pass a mandatory helmet law was California in 1986. The Consumer Product Safety Commission has had mandatory helmet performance requirements for helmet manufacturers since 1999. As of the last revision to the Uniform Vehicle Code (UVC) in 2000, there is no UVC section equivalent to a helmet law.
Spotlight States – New York, New Jersey, and Pennsylvania
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