Q: When and where do I have to wear a helmet?
A: While you should always be as safe as you can when riding, which includes wearing protective gear and a helmet, the right to leave the choice whether to wear a helmet up to the individual is a right that is just as important. So, wherever you fall on the spectrum of fighting or supporting helmet laws, it is important for everyone to know the helmet laws in your home state and surrounding states. Twenty states and the District of Columbia have motorcycle helmet laws that require all riders to wear a helmet. Twenty-seven states have a motorcycle helmet law that only requires some riders to wear a helmet.
The law in the State of Illinois is very easy to remember; riders and passengers are not required to wear helmets. The only requirement Illinois places on riders and passengers is that they must be protected by glasses, goggles, or a transparent shield while riding. Although this is the law as of today, Illinois legislators are currently considering a proposed bill that require all motorcycle riders to wear a helmet.
The State of Indiana is a bit more restrictive. Indiana requires all riders and passengers under the age of 18 to wear a helmet while riding. All riders and passengers over the age of 18 must wear protective glasses, goggles, or be protected by a transparent face shield, bur are not required to wear a helmet. Riders or passengers who violate this law commit a class C infraction which carries a fine up to $500.
The law regulating class C moving violations was recently amended. These amendments only affect those who are cited in Marion County after December 31, 2010. If you admit to the violation or plea no contest before the date specified in the summons and complaint, the fine cannot exceed $35.50. If you admit to the violation or plea no contest on the appearance date specified on the summons and complaint the fine will also not exceed $35.50. If you contest the violation in court and are found to have committed the moving violation, the fines will vary depending on your driving record over the past five (5) years. If you have a not committed a violation over the past five (5) years, the fine cannot exceed $35.50. If you have committed one (1) violation in the past five (5) years the fine cannot exceed $250.50; two (2) or more violations over the past five (5) years will receive a maximum fine of $500.
Michigan is on the other side of the fence when it comes to helmet laws. All riders and passengers are required to wear a helmet when riding. Ignorance is not an excuse. It is the responsibility of riders to know the law when crossing into different states. Just because you live in Indiana and have an Indiana license, that is no excuse for not wearing a helmet if you are riding in Michigan or any other state that requires a helmet.
Ride safe.
The Law Tigers/Kelly Law Offices are Indiana and Chicagoland’s Motorcycle Injury Lawyers Who Ride. The Law Tigers/Kelly Law Offices handle personal injury and wrongful death claims on behalf of motorcycle riders. As members of the American Association of Motorcycle Injury Lawyers, our sole mandate is to champion the cause of motorcycle riders who have been victimized by the negligence of others. You can call any of our motorcycle lawyers toll free, 24 hours a day, 7 days a week for a free evaluation of your case. Our motorcycle injury attorneys are available for a free office, hospital or home consultation. If you have questions or an idea for an article, call 1-800-859-8800.
