Georgia is one of the states that does not have a mandatory helmet law. Despite this, there are still some laws in effect concerning motorcycle riders and helmets. In this article, we’ll cover what you need to know about the helmet laws in Georgia. We’ll also provide answers to some frequently asked questions regarding safety when it comes to motorcycling in the Peach State.
Table of Contents
What Is Georgia’s Helmet Law?
Georgia does not have a universal helmet law. This means that, in most cases, motorcycle riders aged 18 and over are not required to wear a helmet while riding. However, there are some exceptions to this rule. Riders under the age of 18 must wear an approved helmet at all times when operating or riding on a motorcycle, moped, or three-wheeled vehicle. Additionally, if you are 21 or older and have held a valid motorcycle license for two years or more, you may legally ride without a helmet in the state of Georgia. [1]
Georgia’s General Rule for Motorcycle Helmet Use
Georgia does have a law that requires all riders to wear protective headgear while riding. Here are the specifics of this law:
- All motorcycle operators and passengers must wear safety helmets that meet the standards set by the Georgia Department of Public Safety.
- The helmet must be properly fitted with approved eye protection and securely fastened to the head.
- The helmet must have a label indicating compliance with U.S. Department of Transportation (DOT) standards. [2]
Are There Exceptions to Georgia’s Helmet Law?
Yes, riders may be exempt from wearing a helmet if they meet certain criteria. According to the Official Code of Georgia Annotated §40-6-315, you are not required to wear a helmet if you:
- Are over 18 years old; and
- Have had your motorcycle license for at least two years; and
- Have taken a certified motorcycle safety course.
In addition, you may also be exempt from wearing a helmet if you are riding a three-wheeled vehicle with an enclosed cab or canopy that meets the standards set by the Commissioner of Public Safety. [2]
Complying with Georgia’s Insurance Exception
If you are riding a motorcycle, motor scooter, or moped in Georgia and wish to be exempted from wearing a helmet, you must have medical insurance with at least $10,000 of bodily injury coverage per person and $20,000 of bodily injury coverage per accident. Furthermore, the insurance must list the rider as an insured individual. This insurance requirement does not apply if the rider is over 21 years of age and has completed a safety course approved by the Georgia Department of Driver Services or has been licensed to operate a motorcycle for at least two consecutive years prior to the date of application. [2]
When Did Georgia Repeal Its Helmet Law?
In April of 2017, Georgia repealed its mandatory helmet law for motorcyclists. Riders over the age of 21 have since been able to choose whether or not to wear a DOT-approved protective helmet while operating a motorcycle in the state.
While the repeal has been praised by some as allowing riders more freedom and comfort, it is important to remember that a helmet can still help protect you from serious head injuries and even death in the event of an accident. In other words, it is not only permissible under Georgia law to wear a helmet – it is advisable! [1]
Is Georgia’s Helmet Law Constitutional?
Georgia’s motorcycle helmet law is constitutional and has been upheld by the state Supreme Court. In fact, the Georgia Supreme Court declared that the “State’s interest in protecting human life outweighs any right of privacy a motorcyclist might have to ride without a protective helmet.” Additionally, while some states do provide exemptions to their helmet laws, Georgia does not.
While the law may be constitutional, it is important for riders to understand their rights and responsibilities when operating a motorcycle in the state of Georgia. If you are operating a motorcycle in Georgia, you must wear an approved helmet that meets or exceeds U.S. Department of Transportation standards and display a DOT emblem. Failure to comply with the law can result in guilty charges, fines and even imprisonment. [1]
Is Eye Protection Required for Motorcyclists in Georgia?
No, eye protection is not required for motorcyclists in Georgia. However, it is highly recommended that you wear protective eyewear while riding your motorcycle to protect yourself from the sun, wind and other elements. There are many different types of protective eyewear available to suit your needs, ranging from wraparound sunglasses to full-face shields. If you choose to ride without eye protection, make sure your windshield is tall enough and wide enough to provide adequate coverage for your eyes. [1]
What Is the Penalty for Operating a Without a Helmet in Georgia?
If you are caught operating a motorcycle without a helmet in Georgia, you could be fined up to $500 and may have your license suspended for up to one year. The exact penalty depends on the nature of the violation, as well as your history of traffic violations. It is important to note that even if you are wearing an approved helmet while riding, if you are found to be operating the vehicle without a valid license or insurance policy, you may still be subject to fines and suspension of your license.
It is also important to remember that even if you do have a valid helmet on when driving, it must meet DOT standards in order for the rider to be considered compliant with the law. Helmets that do not meet these standards may still be worn, but the rider is not considered compliant with the law and could still face penalties. [1]
Georgia Helmet Laws and Car Accident Compensation
When it comes to car accidents in the state of Georgia, there can be a lot of confusing questions and answers when it comes to helmet laws. In this article, we’ll discuss whether Georgia has a helmet law, how it affects your car accident compensation, and what you should do if you’re involved in an accident while wearing a helmet.
The short answer to the question of whether Georgia has a helmet law is no. There is no law in the state specifically requiring you to use a helmet while riding a motorcycle or bicycle. However, there are laws that apply if you choose to ride without one. [3]
Comparative Negligence and Motorcycle Accidents
In the state of Georgia, riders are subject to a modified comparative negligence system. This means that as long as you don’t have more than 50 percent responsibility for an accident, you can recover damages from the other party. That being said, if you were not wearing a helmet at the time of your accident, it could be used as evidence of your negligence. It’s important to note that the other driver doesn’t necessarily have to prove that you were negligent in order to recover damages, but it could still affect the amount of compensation awarded. [3]
Not Wearing a Helmet and Claiming Compensation
If you’re riding a motorcycle in Georgia and aren’t wearing a helmet, you could be putting your safety, and potentially your legal rights to claim compensation for any injuries resulting from an accident, at risk.
In Georgia, it is mandatory for all riders and passengers under the age of 18 to wear helmets that meet the standards set by the Motor Vehicle Safety Act. Riders over 18 are allowed to choose whether or not they want to wear a helmet, but this does not change their legal rights if an accident occurs. [3]
Do Motorcycle Helmets Save Lives?
Yes! According to the National Highway Traffic Safety Administration (NHTSA), helmets are estimated to be 37 percent effective in preventing fatal injuries for motorcycle riders. Furthermore, helmets reduce the risk of head injury by 69 percent, and they are even more effective at reducing the risk of brain injury by 67 percent. The NHTSA also states that if all motorcyclists had worn helmets in 2017, an additional 802 lives could have been saved. [3]
Reasons to Always Wear a Helmet
Whether you are a recreational cyclist or a competitive racer, wearing a helmet is an important safety measure to consider. Aside from the risk of serious injury, there are other reasons to always wear a helmet when biking in Georgia:
- Insurance Liability – If you get into an accident while not wearing a helmet and suffer head injuries, your insurance company may not cover the full cost of medical expenses.
- Visibility – Biking with a helmet can help you stay visible to motorists and other cyclists, thus reducing the risk of an accident.
- Comfort – Many helmets are designed with comfort in mind and provide extra cushioning for your head when cycling, which can make it much more enjoyable.
- Prevention – Wearing a helmet can help reduce the risk of serious head injuries in case of an accident.[2]
Enforcement of Georgia’s Helmet Law
Georgia’s helmet law is enforced by the Georgia State Patrol and local law enforcement agencies. Motorcycle operators and passengers who are found to be operating without an approved helmet can be charged with a misdemeanor or fined up to $100.
In addition, motorcyclists who do not comply with the state’s helmet law may be subject to a range of additional penalties, including probation, suspension of their driver’s license for up to two years, and being required to complete a motorcycle safety course. In some cases, a motorcyclist who is convicted of violating the helmet law may even face jail time. [1]
What You Need to Know About Helmet Laws for Children
Helmet laws are a hot topic for parents throughout the United States. It’s essential to understand the rules and regulations for your state when it comes to children’s helmet use. For those living in Georgia, here is some important information about the Georgia helmet law.
It’s also important to note that the law applies to both private and public property, so kids need helmets when riding in parks, driveways, and streets — anywhere in Georgia. [1]
Vehicles to Which the Motorcycle Helmet Laws Do Not Apply
In Georgia, the motorcycle helmet law does not apply to motor scooters, motor-driven cycles or mopeds. However, these smaller vehicles still pose serious safety risks and it is important that individuals operating them wear a helmet to protect themselves from injury in the event of an accident. Additionally, children under age 16 are required by state law to wear a helmet while riding on a motorized scooter, moped or motor-driven cycle. [1]
What Is The Difference Between Certified And Non-Certified Helmets?
When considering which type of helmet to wear, it is important to understand the difference between certified and non-certified helmets. Certified helmets are those that have passed stringent safety standards set by the Department of Transportation (DOT). In order for a motorcycle helmet to be legally certified, it must display a DOT sticker on the back which indicates that it meets certain criteria and has been tested for impact resistance. Non-certified helmets do not have the DOT sticker, meaning they have not undergone rigorous standards testing and should not be considered safe to use. [1]
Who Is Liable In A Motorcycle Accident?
When it comes to motorcycle accidents, there is a special set of laws that can come into play. Depending on where the accident occurred and who was at fault, different individuals or entities may be held liable for damages or injuries. In Georgia, anyone operating or riding a motorcycle must abide by certain laws, such as wearing a helmet when required by law.
As with any accident, the first step is to determine who was at fault. If the other driver involved in the accident was at fault, then they may be held liable for damages or injuries suffered by you or your passenger. However, if you were found partially or fully responsible for the accident, then you may also be liable for damages or injuries. [2]
Is Choosing Not To Wear A Helmet Considered Negligence?
In Georgia, not wearing a helmet is not considered negligence. However, if you’re injured in a motorcycle accident, the lack of protection may be used against you by the at-fault driver’s insurance company to reduce or deny your claim.
It’s important to note that even if helmets are not required in your state, wearing one is always a smart choice. Motorcycle helmets are proven to reduce the risk of death or serious injury in an accident by as much as 37%. [2]
Are Helmets Effective In Preventing Injuries?
Yes, helmets are effective in preventing head injuries and even death when riding a motorcycle. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that helmet use can reduce the risk of head injury by as much as 67 percent. Additionally, NHTSA studies have shown that states with universal motorcycle helmet laws experience substantially lower fatality rates than states without such laws. This is a compelling argument for the necessity of helmet laws in reducing motorcycle fatalities and injuries. [3]
Other Ways To Prevent Motorcycle Injuries
Besides wearing a helmet, there are other ways you can help protect yourself from serious injury while riding your motorcycle.
- Wear protective clothing such as long sleeves and long pants to reduce the severity of scrapes and abrasions if you were to be thrown from your bike.
- Make sure you have good visibility by keeping your bike’s headlights on at all times, even during the day.
- Be sure to ride within your skill level and stay aware of other vehicles in your area.
- Always keep a safe distance between you and the vehicle in front of you.
- Before each ride, check your bike for any mechanical issues that could potentially cause an accident.
- Avoid riding in extreme weather conditions or when visibility is low. [3]
FAQ
Is it illegal to ride a bike without a helmet in Georgia?
Yes, Georgia has a helmet law that requires both adults and children to wear helmets while riding bicycles. This includes any motorized bike or scooter. The only exception is if the rider is 16 years of age or older and is wearing a safety belt that meets the standards of the US Department of Transportation. Additionally, any person under 18 must have a parent or guardian present while riding.
How much is a no-helmet ticket in Georgia?
If you are caught riding without a helmet in Georgia, you could be subject to a $15 fine. This fine is waived if the person can prove that they purchased a bicycle helmet prior to their violation or within 30 days of the ticket being issued.
What is the new helmet law in GA?
The new helmet law in Georgia requires everyone riding a bicycle, motorized bike, or scooter to wear a safety certified helmet. This includes any person under the age of 18 and all adults regardless of age. The only exception is if the rider is 16 years or older and wearing a safety belt that meets the US Department of Transportation standards.
Useful Video: Georgia’s Motorcycle Helmet Law
Conclusion
In conclusion, Georgia does not have a law requiring motorcycle riders to wear helmets. However, state law does require that any person age 21 and under must wear protective headgear when operating or riding on a motorcycle. Wearing a helmet is still the safest way for all motorcyclists to protect their heads in case of an accident. It is always important that motorcyclists obey all laws in their state, and helmet laws are no exception. Additionally, it’s a good idea to be familiar with your insurance company’s policy on motorcycle safety before you hit the road. Always wear protective gear and practice safe riding techniques to ensure a smooth ride every time.
Happy riding!
References:
- https://www.steelhorselaw.com/what-you-should-know-about-georgias-mandatory-helmet-law
- https://kainelaw.com/faqs/does-georgia-have-a-motorcycle-helmet-law/
- https://www.hlcromartielaw.com/blog/2017/02/understanding-motorcycle-helmet-laws-in-georgia/
