Philadelphia Helmet Laws

Under Pennsylvania law, all motorcycle riders and passengers under the age of 21 must wear a helmet that complies with U.S. Department of Transportation (DOT) safety standards. Riders over 21 years old may legally operate or ride a motorcycle without a helmet under specific conditions.

Motorcycle Helmet Laws

In Pennsylvania, motorcycle helmet requirements are defined under 75 Pa. C.S. § 3525:

“No person shall operate or ride upon a motorcycle… unless he is wearing protective headgear… approved by the department.”

However, there are exceptions. According to Section 3525(c):

“The department may… exempt persons who are 21 years of age or older and who have been licensed to operate a motorcycle for not less than two full calendar years or who have completed a motorcycle rider safety course.” In summary:

• Riders and passengers under 21 must wear a helmet.
• Riders 21 and older may ride without a helmet if they have two years of riding experience or completed a PennDOT-approved safety course.
• Helmets must be DOT-approved.

The Pennsylvania Department of Transportation encourages helmet use even when not legally required. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle helmets can reduce the risk of head injury by as much as 69% and the risk of death by as much as 42%.

What are Philadelphia’s Bicycle Helmet Laws?

Pennsylvania law requires helmets only for riders under age 12 under 75 Pa. C.S. § 3510:

“A person under 12 years of age shall not operate or ride a bicycle… unless that person is wearing a helmet.”

This includes children riding in child seats or being towed in bike trailers. The helmet must meet CPSC standards as outlined in 75 Pa. C.S. § 3510(d). Philadelphia follows the state’s helmet rule but does not require adult cyclists to wear helmets. Still, organizations such as the Bicycle Coalition of Greater Philadelphia actively promote voluntary helmet use, offering safety resources and occasional helmet giveaways.

Electric Bikes and Scooters

Under 75 Pa. C.S. § 102, electric bikes (e-bikes) are defined as:

“A vehicle weighing not more than 100 pounds with two or three wheels more than 11 inches in diameter, manufactured or assembled with an electric motor rated no more than 750 watts and capable of a maximum speed of not more than 20 miles per hour on a level surface when powered solely by the motor.”

In Pennsylvania, e-bikes that meet this definition are treated the same as traditional bicycles. This means:

• No insurance, registration, or driver’s license is required.
• Riders under 12 years old are required to wear helmets.

However, Class 3 e-bikes (pedal-assist with speeds up to 28 mph) are not recognized under Pennsylvania law as “electric pedal-cycles.” If an e-bike exceeds the 20 mph threshold or has higher wattage, it may be classified as a motor-driven cycle or moped, which do require registration, a license, and helmet use under 75 Pa. C.S. § 3525.

How Philadelphia Helmet Laws Can Impact Accident Liability

While helmet use is not required by law for all riders, failure to wear a helmet — especially when legally required — can impact a case in several ways:

Legal Non-Compliance

Non-compliance can be seen as contributory negligence, which can reduce a motorcyclist’s compensation.

Causal Connection

The defense (at-fault party) in a lawsuit may argue that the rider’s head injury would have been prevented or less severe had a helmet been worn. If that argument is accepted, it can reduce the plaintiff’s (victim’s) compensation.