New York State does in fact have a helmet law requiring all riders and passengers on a motorcycle to wear a helmet approved under the Federal Motor Vehicle Safety Standards, Section 571.218.
Motorcycle Helmets Are REQUIRED in New York State
New York’s helmet law is found in the Vehicle and Traffic Law at Section 381(6), which states as follows:
It shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet of a type which meets the requirements set forth in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The commissioner is hereby authorized and directed to adopt regulations for helmets which are consistent with the requirements as specified in section 571.218 of the federal motor vehicle safety standards as may from time to time be amended. The police authorities of a city, town or village may issue a permit exempting members of organizations sponsoring or conducting parades or other public exhibitions from the provisions of this subdivision while such members are participating in such parades or other public exhibitions.
In addition to the requirement that all drivers and passengers wear an approved helmet, operators of a motorcycle are also required to wear goggles or a face shield of a type approved by the Commission of Motor Vehicles. See NY Vehicle and Traffic Law Section 381(7).
Coincidentally, it is illegal to sell, or offer for sale, any goggles, face shield or helmet that is not approved by the Commission of the Department of Motor Vehicles.
Violating New York’s Motorcycle Helmet Law
Violation of New York’s helmet law is punishable by a fine not to exceed $100, 30 days in jail, or both.
Motorcycle Helmet Statistics: Why You Should Always Wear a Motorcycle Helmet
According to the New York State Department of Health:
- Motorcycle helmets are estimated to be 37% effective in preventing fatal injuries to motorcycle riders and 42% effective for passengers.
- Helmets are 67% effective in preventing traumatic brain injuries in crashes; riders without helmets are three times more likely to have a brain injury as a result of a crash than helmeted riders.
- Head injury is the leading cause of death in motorcycle crashes
Pursuing Compensation Following a Motorcycle Accident
If you or a loved one have been injured in a motorcycle accident, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto for a free consultation, and to ensure that your interests are promptly and properly protected.
You can reach us via phone at (800) 721-3553, or contact us online to set up a free case review with a member of our legal team. You can also contact us using the form below.
Interested in learning more about motorcycle accidents and what to do if you’ve been involved in one? Here are some resources to get you started:
Tips for Surviving a Motorcycle Accident – Helpful tips for preventing motorcycle accidents, and for surviving if you find yourself involved in one.
Car Accidents Involving Motorcyclists – Learn about how your rights as a motorcyclist differ from the rights of car drivers if you’re involved in a car-motorcycle accident while out on the roads.
Motorcycle Accident Attorneys in Upstate NYÂ – Learn more about how our attorneys handle motorcycle accident cases and will help to protect your rights if you are injured in a motorcycle accident.
Editor’s Note: This content was originally posted in 2017, but has been updated as of April 2018.
