Content reviewed by:
Alex Shulman
New York has some of the toughest helmet laws in the country, requiring all motorcyclists to wear approved protective gear or risk fines and potential liability after an accident. Understanding these laws isn’t just about avoiding tickets—it can impact your safety, insurance claims, and legal rights. The motorcycle accident attorneys at Shulman & Hill break down the key requirements, penalties, and insurance implications so you can ride smarter and stay protected.
Key Takeaways
- New York State requires all motorcycle operators and passengers to wear helmets and eye protection that comply with federal safety standards.
- Failing to follow this law can lead to a fine of up to $100 and possible jail time.
- Helmet violations may lead to higher premiums and license points that could ultimately result in suspension.
Understanding New York’s Motorcycle Helmet Law
In 1967, New York became the first state to mandate helmet use for all motorcycle operators and riders. Motorcycle accident deaths had been increasing sharply for several years, and New York’s government was the first to take action.
The legislation appears in Title 3, Article 9, Section 381 of the state’s Vehicle & Traffic Law, making it unlawful to ride a motorcycle without a helmet. Compliant helmets must meet Federal Motor Vehicle Safety Standards (FMVSS) Section 571.218, which sets the criteria for road-safe helmets.
These federal standards support states in mandating high-quality helmets. Today, 47 states have some motorcycle helmet laws, and 17, including New York, require helmets for all riders.
Helmet and Eye Protection Requirements
Motorcycle riders must wear head and eye protection that meets official standards to comply with New York law.
DOT-Approved Helmet Explained
The Department of Transportation (DOT) FMVSS regulations establish benchmarks for safe helmets. Those benchmarks address all safety components, including force and puncture resistance, structural integrity, retention, and labeling.
The best way to identify a DOT-compliant helmet is to look for the certification label on the bottom rear of the helmet’s exterior. Genuine labels should include the manufacturer or brand, helmet model, and the word “certified.” A lack of any of these features may indicate a counterfeit label.
Counterfeit labels and novelty helmets are common and may put you at risk. To help you avoid unsafe helmet options, the National Highway Traffic Safety Administration (NHTSA) recommends helmets with the following safety features:
- Thickness of at least 1 inch
- Weight of approximately 3 pounds
- Sturdy chin straps with sturdy rivets
- No decorations protruding more than 0.2 inches from the helmet body
Brand credibility is also valuable when identifying a DOT-approved helmet. Research your helmet brand thoroughly before buying.
Mandatory Eye Protection
New York’s motorcycle safety law also requires all operators to wear approved goggles or face shields, even if the motorcycle has a windshield. The current standard uses the American National Standard Institute (ANSI) Z87.1, which requires a Z87 marking to indicate compliance.
Be sure to choose the right eye protection for the time of day and conditions. Tinted lenses and face shields provide excellent daytime protection, but you’ll want a clear visor at night or in poor lighting conditions.
Opting for the safest choice keeps you in compliance while protecting you and those around you. The right tint gives you more visibility, helping you to avoid accidents. Likewise, ANSI-compliant lenses and shields are less likely to shatter and provide better protection from road debris.
What Are the Exemptions and Special Permits?
New York’s helmet rule applies to all riders at all times by default. Select exceptions exist, but these are situation-specific.
Parades and Demonstrations
State law allows local police to issue a one-time helmet exemption for members of organizations sponsoring a public exhibition, such as a parade. The exception only exists during the event and requires specific permission. It is not a blanket exception.
Are There Age or Experience Exemptions?
Although some states only require helmets for operators and riders under a certain age or with limited experience, New York requires them for all riders. If you ride into New York from a state with more relaxed laws, such as Connecticut, you must wear your helmet before crossing the state line.
What Are the Penalties and Enforcement of New York Motorcycle Helmet Law?
Violations of the motorcycle helmet law in New York are punishable by law.
Fines and Jail Time
If you receive a conviction for violating the New York motorcycle helmet law, you could receive a fine of up to $100 or a sentence of up to 30 days in jail. Depending on the circumstances of your case and whether there are other violations, the court may impose additional surcharges.
How Strictly Is the Helmet Law Enforced?
Whether enforcement of New York motorcycle helmet laws is strict or sporadic depends on area police departments, but taking a risk is inadvisable for several reasons.
In addition to the possibility of a fine or jail time, helmet law convictions can affect your driving record and insurance premiums. New York follows a driver tracking system that assigns “points” to your license for traffic violations, including helmet violations. Those points may lead to fees, license suspension, and higher insurance premiums.
Liability and Insurance Implications
Adherence to New York motorcycle helmet law matters in an accident. Your choice to wear or not wear a helmet can impact your compensation and even your ability to file a claim.
Comparative Negligence
If you are partially at fault for an accident in New York, the state will reduce your claim by your degree of responsibility. Failure to wear a helmet may result in a higher fault percentage or complicate your ability to argue your claim.
For example, suppose a car hits you as you ride through an intersection. The driver claims that you entered the intersection recklessly and caused the accident. Your lack of safety equipment makes their reckless driving claim more credible, and the insurance company assigns you 60 percent of the fault. You receive only 40 percent of your settlement.
Benefits of Helmet Compliance
Just as neglecting protection can make you appear reckless, wearing an approved helmet can strengthen your claim of responsible riding. It immediately shows your concern for safety and respect for state law, often leading adjusters to view you more favorably. An experienced motorcycle accident lawyer can explain how your use of safety gear may impact your claim.
Practical Tips for Riders on Motorcycle Helmet Law
Wearing a helmet is not only about avoiding legal and financial penalties. Helmet use reduces the risk of head injury by nearly 70 percent and saves more than 1,000 lives per year. By choosing a helmet and riding safely, you can protect your well-being and that of others.
Selecting the Right Safety Gear
Helmets are most effective when they fit securely and enhance your visibility on the road. Full-face helmets have the best safety outcomes while providing good ventilation, which is essential for comfort and prolonged wear.
Fit is crucial for keeping the helmet securely on your head. Before buying a helmet, measure the circumference of the thickest part of your head and reference the measurement with a sizing chart. Be sure of fit by trying the helmet on before buying, making sure it feels slightly tight and provides even pressure.
Only shop from legitimate retail outlets, as private sellers may add false DOT approval stickers or conceal a helmet’s crash history. Generally, it’s best to buy new only, as crashes compromise a helmet’s integrity.
Enhancing Visibility and Safe Riding Habits
If you drive at night or in poor weather conditions, consider purchasing a high-visibility helmet or using reflective decals that catch the light, making it easier for other vehicle operators to see you. Reflective clothing and boots also help you be more visible at night and in other low-light conditions.
You may even wish to place reflective tape on your bike for extra protection. If you often ride at dawn or dusk, when cars may not have their lights on, LED lights provide more protection.
Finally, avoid tinted goggles and visors when riding at night. Tinted lenses help to reduce glare in bright sunlight but can limit light to a dangerous degree in the dark.
Defensive Riding and Maximizing Visibility
How you ride can be just as important as the gear you wear. Defensive riding and smart positioning help keep you visible and give you the space to react. Stay in the left portion of your lane when possible, but adjust based on surrounding traffic to make yourself more noticeable to drivers. On crowded roads, a well-timed lane shift can catch a driver’s eye and prevent them from cutting into your path.
Always assume other drivers don’t see you. Use your turn signals every time, make deliberate head checks, and be ready to respond if a vehicle moves unpredictably. These defensive habits not only reduce your crash risk but can also protect you from liability if an accident happens. Visibility and awareness are your best defenses on the road.
Rely on Shulman & Hill for Your Motorcycle Accident Case
At Shulman & Hill, we don’t just take cases. We take on fights. With a track record of over $1 Billion+ recovered for injured New Yorkers, we know what it takes to win. From the Bronx to Brooklyn, Queens to Staten Island, and across Long Island, our motorcycle accident lawyers are relentless in securing the results our clients deserve.
If you’ve been injured in a motorcycle accident, don’t face the insurance companies alone. Call 212-221-1000 or contact us online for a free consultation. No upfront costs. No excuses. Just real advocacy when you need it most.