Regulations & Laws for Motorcycle Riders

Just like automobile drivers, motorcycle riders are subject to all the rules and laws of the road. But there are also some laws that apply specifically to riders. The most notorious set of motorcycle laws is undoubtedly the set of helmet laws, which vary widely from state to state. In 1967, the U.S. government mandated that all states must make a helmet law in order to qualify for federal highway funding; that mandate was revoked in 1976, resulting in the patchwork of different laws we see today across the United States. The District of Columbia and 20 states (including California and Nevada) require that all riders and passengers of all ages wear helmets. Colorado, New Hampshire, Iowa and Illinois have no helmet laws at all. The remaining 26 states have partial helmet laws that apply only to riders under a certain age, usually 17 to 20. Some specify exceptions for special cases:

Maine’s helmet law requires only that passengers and riders ages 14 and under wear helmets.

Helmet laws in Kentucky, Maine, Minnesota and Wisconsin apply to those with learner’s permits as well as riders under the age specified (17 in Wisconsin and Minnesota, 20 in Kentucky, 14 in Maine).

In Florida and Texas, riders age 21 and older may ride without a helmet only if they can show proof that they have medical insurance. In Texas, riders may also show proof that they’ve completed a motorcycle safety course in lieu of a helmet.

In Ohio and Rhode Island, all riders must wear a helmet during their first year with a motorcycle license, regardless of age. Passengers in Rhode Island must always wear helmets, regardless of what the riders must do; passengers in Ohio must only wear a helmet when the rider is required to wear one.

In Pennsylvania, all riders must wear a helmet during their first two years as a licensed rider, unless they have completed a Motorcycle Safety Foundation course.

In California and Nevada, the law also specifies that the helmet must be approved by the federal Department of Transportation. In California, the helmet is also required by law to fit properly.

Another law for motorcyclists that may be controversial is the law on lane splitting, sometimes also called lane sharing. That’s the term for when motorcyclists ride between lanes of car traffic. The practice is illegal in every state but California; California law does not specifically permit it, but the California Highway Patrol has said publicly that it’s allowed as long as it is “done in a safe and prudent manner.” However, motorcyclists must continue to obey other rules of the road, such as those that govern how many vehicles may pass through a metered light at any given time. And the fault for any accident that results from lane splitting may be assigned partially to both the rider and the driver, if the insurance company or jury feels that both failed to take reasonable care under the traffic circumstances.

In California and Nevada, having a license to operate a car does not automatically give you the right to operate a motorcycle, defined in both states as any motorized bicycle with an engine displacement of 50cc or higher. You must still pass a written test and a test of your skills at operating the bike. In Nevada, you can bypass both tests by taking a riding skills course operated by the state Office of Traffic Safety. If you pass that course, you must only fill out an application for a motorcycle license. In California, aspiring motorcyclists can waive the requirement to pass the Department of Motor Vehicles skills test by passing a Motorcycle Safety Foundation course. However, even those who successfully complete the class must still take the DMV’s written test before they can be issued a license. Unless you get a learner’s permit and use it under the instruction of a licensed rider, you may not ride a motorcycle without a license. And all the restrictions that apply to underage drivers in Nevada and California also apply to underage riders.

Other California laws that apply to motorcycles:

Legally speaking, motorcycles and scooters are may not park on a public sidewalk in California, although authorities may not enforce this in places where parking is hard to come by. Private businesses with sidewalks may do as they please.

Motorcyclists may share a metered space with a parked car or another motorcycle, but they will get a ticket, just as a car would, if the meter expires or if they park in a red zone.

If a traffic light triggered by a metal detector does not detect a motorcyclist, trapping him or her at an endless red light, the motorcyclist may not run the light.

Motorcyclists may have a headphone or speaker in one ear, but not both. However, as of Jan. 1, 2004, foam ear plugs are permitted in California.

Surprisingly, riders aren’t required to carry liability insurance on motorcycles in all states, even some of those states that require it for cars. And any car insurance you might have probably does not cover your motorcycle. However, California and Nevada do require the compulsory minimum liability insurance. If you get into an accident without it, your license will be suspended and you may be legally considered negligent, which could result in you being assigned part of the fault for the accident -- even if it wasn’t your fault. Ironically, most motorcycle accidents cause far more damage to the motorcycle than they do to the other vehicle, making compulsory liability insurance somewhat useless.

An important law for motorcyclists considering a personal injury lawsuit is the statute of limitations on filing a lawsuit. In California and Nevada, most personal injury suits must be filed within two years of the incident. There are extensions for those who were mentally injured or are in jail at the time of the injury. Californian children who were injured and whose parents did not bring a lawsuit have one year after they turn 18 to file a personal injury suit; in Nevada, it’s two years. And if a government agency is involved -- which would be the case in any accident partially or completely caused by poor road conditions or maintenance -- the time you have to consider a suit is even shorter; the State of California gives you six months to notify the appropriate agency that you plan to file, and federal agencies vary.

Bisnar | Chase has represented thousands of riders victimized by other motorists’ negligence in motorcycle accidents. Since 1978, we have been dedicated to aggressively pursuing justice for our clients in court. We’ve seen thousands of motorcycle accidents in those decades, so we know that injured riders may be looking at a totaled bike, months of lost income and serious injuries as well as liability battles with the other driver and the insurance companies. Our experience and expertise can help you negotiate with stubborn insurance companies, protect your legal rights, get the best possible results in a court of law and get on with your life. And because we know you’re broke and stressed out, we never take a fee until we win your case for you. For a free consultation on the unique circumstances of your accident, call us today at 1-866-889-2775 or click here to fill out our online case evaluation form.