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The majority of experienced riders take safety precautions such as wearing a helmet, eye gear and protective clothing. Many motorcycle riders, however, do not wear helmets or use other protective gear.
Under Pennsylvania law, helmet use is not required for all motorcycle riders. Riders who are over the age of 21 and who either 1. have been licensed to operate a bike for at least two years or 2. have taken certain motorcycle safety courses given by the Pennsylvania Motorcycle Safety Program are not required to wear helmets.
The Pennsylvania Department of Transportation oversees the Motorcycle Safety Program and offers free motorcycle safety courses to all Pennsylvania residents. Visit our motorcycle safety page for more information about motorcycle safety in Pennsylvania and New Jersey.
The Pennsylvania Motorcycle Helmet Law
Section 3525 of the Vehicle Code lays out Pennsylvania’s helmet laws for motorcycle riders and passengers. It provides as follows:
(a) Protective headgear.–Except as provided in subsection (d), no person shall operate or ride upon a motorcycle or a motor-driven cycle (other than a motorized pedalcycle) unless he is wearing protective headgear which complies with standards established by the department.
(b) Eye-protective devices.–No person shall operate or ride upon a motorcycle (other than a motorized pedalcycle or a three-wheeled motorcycle equipped with an enclosed cab) unless he is wearing an eye-protective device of a type approved by the department.
(c) Approval of equipment.–The department may approve or disapprove protective headgear and eye-protective devices required under this section and may issue and enforce regulations establishing standards and specifications for the approval of the headgear and devices. The department shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved.
(d) Exception.–The provisions of subsection (a) shall not apply to the following: (1) The operator or any occupant of a three-wheeled motorcycle equipped with an enclosed cab. (2) A person 21 years of age or older who has been licensed to operate a motorcycle for not less than two full calendar years. (3) A person 21 years of age or older who has completed a motorcycle rider safety course approved by the department or the Motorcycle Safety Foundation. (4) The passenger of a person exempt under this subsection if the passenger is 21 years of age or older.
Related Legal Articles:
- What to Expect in a Pennsylvania Motorcycle Accident Lawsuit
- Three Common Motorcycle Accident Scenarios
- Investigating Pennsylvania Motorcycle Accident Cases for Liability Beyond the Other Driver
- Pennsylvania Motorcycle Accident Law – Who Pays for Medical Bills?
For more information, contact our Pennsylvania and New Jersey motorcycle accident lawyers at 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: July 17, 2012