What is the History of Helmet Use Laws in the United States?

In 1967, the federal government began requiring states to enact motorcycle helmet use laws to qualify for certain federal safety program and highway construction funds. Forty states enacted universal helmet use laws that went into effect by the end of 1969. By 1975, all but three states mandated helmets for all motorcyclists.

As the U.S. Department of Transportation moved in 1976 to assess financial penalties on states without helmet laws, Congress responded to state pressure by revoking federal authority to assess penalties for noncompliance. Between 1976 and 1978, 20 states weakened their helmet use laws to apply only to young riders, usually younger than 18. Eight states repealed helmet use requirements for all motorcyclists.

In the 1980s and early 1990s, several states reinstated helmet laws applying to all riders. In the 1991 Intermodal Surface Transportation Efficiency Act, Congress created incentives for states to enact helmet use and safety belt use laws. States with both laws were eligible for special safety grants, but states that had not enacted them by October 1993 had up to 3 percent of their federal highway allotment redirected to highway safety programs.

Four years after establishing the incentives, Congress again reversed itself. In the fall of 1995, Congress lifted federal sanctions against states without helmet use laws, paving the way for state legislatures to repeal helmet laws. In 1997, helmet laws in Texas and Arkansas were weakened to apply only to younger riders. Kentucky weakened its law in 1998, Louisiana weakened its law in 1999 only to reinstate universal coverage in 2004, Florida weakened its law in 2000, and Pennsylvania weakened its law in 2003. Now 20 states and the District of Columbia have helmet laws covering all riders, and 26 states have laws covering some riders, usually people younger than 18. Colorado, Illinois, Iowa, and New Hampshire do not have helmet laws.