STATUTE:

Title 39. Motor Vehicles. Chapter 39-10.2. Motorcycles. 39-10.2-06 Equipment for Motorcycle Riders. :

1. "No person under the age of eighteen years may operate or ride upon a motorcycle unless protective headgear, which complies with standards established by the department, is being worn on the head of the operator and rider, except when participating in a lawful parade. If the operator of a motorcycle is required to wear protective headgear, any passenger must also wear protective headgear regardless of the age of the passenger.
2. "This section does not apply to persons riding within an enclosed cab or on a golf cart.
3. "No person may operate a motorcycle if a person under the age of eighteen years is a passenger upon that motorcycle and is not wearing protective headgear as provided in subsection 1."

FINE:

$20.00 in North Dakota and (2) points assessed against drivers license.

STANDARDS:

Title 39. Motor Vehicles. Chapter 39-10.2. Motorcycles. 39-10.2-06 Equipment for Motorcycle Riders. :

" . . . protective headgear which complies with standards established by the department . . ."

COURT DECISIONS:

"Former statute requiring crash helmets for motorcycle operators and passengers was not unconstitutional as deprivation of personal freedom and due process on theory that it affected only welfare of operator and passenger and not public welfare; violation of statute was a crime punishable under statute making performance of a prohibited act for which no penalty was provided a misdemeanor." State v. Odegaard, 165 N.W.2d 677 (N.D. 1969).

CURRENT ACTIVITY:

If you know of any current activity regarding efforts to remove or amend North Dakota's helmet law, in the Legislature or the Courts, please e-mail that information to us so we can update this site.

STATE WEBSITES:

• State Homepage
• State Legislature
• North Dakota DMV