Introduction to Motorcycle Laws
Motorcycle laws are important legislative measures that regulate the use of motorcycles and scooters on the road. These laws typically govern everything from driver licensing to insurance coverage to safety equipment and seatbelt use. In the United States, the most comprehensive motorcycle laws are those that fall under the Federal Motorcycle Safety Exercise and Training Act, which covers regulations across the entire country. States can, and do, enact their own laws that may be more stringent than those at the federal level.
In general, Federal laws regulate the following: licensing and certification requirements related to the operation of a motorcycle; registration and inspection guidelines for motorcycle vehicles; and federal highway safety regulations governing the operation of motorcycles. States are free to create their own regulations but must make sure those laws are not in violation of the federal statutes. For example, all states require helmets for underage licensed motorcyclists. However, four states do not require adults to wear a helmet while operating a motorcycle, and two states do not require riders of any age to wear a helmet .
Motorcycles are also subject to traffic laws that apply to all motor vehicles. For instance, among other things, you cannot drink and drive a motorcycle, nor can you drive while distracted. However, motorcyclists are encouraged to take special precautions in order to keep motorcycles safe, such as using protective gear like reflective clothing, helmets, and reflective lights that boost visibility.
Proper licensing and insurance coverage are other important elements to study when it comes to reviewing motorcycle laws. In both regard, motorcycles are regulated like any other automobile. Most states require a special license approval, which typically includes a written exam covering traffic safety laws and safety guidelines specific to motorcycles. Some states also require a skills exam or a written review of the motorcycle owner’s manual.
Drivers are also required to carry insurance coverage before they can legally operate a motorcycle or scooter on public roadways. Failure to do so can result in fines and, in some cases, additional penalties, such as having the license suspended.
Motorcycle Licensing Laws
Like many laws, motorcycle licensing laws vary state to state. Some states have not so much as a motorcycle license law but will allow operators to ride motorcycles on a regular drivers license. For example, Alaska, Massachusetts, Missouri, Nebraska, and South Dakota don’t have separate motorcycle licenses. On the other hand, California, Georgia, and Connecticut require you to obtain a special motorcycle license or at least a special endorsement on your driver’s license.
There are two basic types of motorcycle licenses: temporary and full. A temporary motorcycle license usually allows the operator to ride a motorcycle during daylight hours without a passenger or with a passenger that also has a temporary or full motorcycle license. The rider must generally be within a set distance of the issuing town or city. The rider must also carry a copy of their temporary motorcycle license while riding. Most temporary licenses have a set expiration date.
Obtaining a motorcycle license generally requires the applicant to take either a skills test, a written exam, a vision test, and/or a health examination. Your local Department of Motor Vehicles office or secretary of state will have the requirements specific to your state.
Most states also offer waivers for the skills test to applicants who pass the tests at a motorcycle safety and training program throughout their state. Some states, such as Wisconsin, even require the successful completion of this training program before you are granted a motorcycle license.
Each state has different prerequisites for obtaining a motorcycle license including age restrictions. Most likely, you must be at least 16 years old to receive a regular motorcycle license. Some states, like Illinois, let you get a motorcycle instruction permit or learner’s permit at age 15. Kids between 16 and 18 need parental consent or parent-guardian signature.
States which require an endorsement or special designation on your license are required to be obtained through a skills, driving, or knowledge test. Just as with motorcycle licenses, certain states like Wisconsin allow applicants who have passed a motorcycle safety and training program to skip the additional tests otherwise required for a motorcycle endorsement. Any other state requirement must be completed as well.
Motorcycle approval laws also differ state by state. Some states, like Illinois, approve different types and classifications of motorcycles while other states, like Kansas, have very limited approvals. Most laws require that the motorcycles be insured and equipped with certain accessories.
Motorcycle Helmet Laws
Beyond the basic licensing requirements, motorcycle operators must familiarize themselves with a range of laws, which include oversight of their riding practices and their equipment. For instance, many jurisdictions have established a minimum threshold for the necessary safety equipment for motorcyclists, often requiring a specific type of safety helmet.
Among the first questions which an aspiring rider or even a veteran on the road might ask is whether there is a legal requirement that motorcyclists wear a helmet while operating their machine. The honest and unavoidable answer is that, in fact, helmets are required in most states. Ohio is one of those states. In the Buckeye state, all motorcycle riders are required to wear a helmet any time they ride. Furthermore, any passengers under the age of 16 must also be helmeted while a vehicle is in motion.
Statistics, however, consistently show a notable decline in both the number and severity of accidents involving motorcycles where state-mandated helmet regulations are in effect. Consequently, there is a growing body of research which may indicate that mandatory helmet regulations are effective in reducing the rate of accidental death.
Even though helmets are required in Ohio, certain states such as Illinois or Iowa have no helmet requirement whatsoever. Other states only require cyclists in certain age groups to wear a helmet, excluding riders 21 and older. Still other states require helmets only for some types of off-road vehicles.
Although riders 20 years of age and over are not required to wear a helmet in California, wearing a helmet is extremely important and significantly improves the chances of avoiding serious injury. For example, California motorcyclists are three times more likely to suffer a head injury in an accident than are those operating other vehicles. In addition, data from the National Highway Traffic Safety Administration establish that more than one-third of all motorcyclists killed in accidents were not wearing a helmet at the time of the crash.
One thing is certain; with the apparent downward trend in motorcycle accidents and fatalities in the past decade, any avenue which preserves individual lives is one that should be embraced. If that means donning a helmet, then so be it; the quality of life which would result from a few inches of high-quality material investment on the part of the rider far outweighs the inconvenience the rider is forced to endure.
Motorcycle Traffic Laws
Like all vehicles, motorcycles need to comply with traffic rules and regulations. There are a number of specific rules and regulations especially for motorcycle riders. The general speed limits for cars are also the same for motorbikes – unless otherwise indicated. Roads leading into cities could potentially have a speed limit of 50kph. In rural areas, the general speed limit is 70kph and on highways – a maximum of 110kph. Motorcycle lanes are generally the two lanes on the furthest left or right on a highway. Riders are expected to share these lanes as designated. Exceptions apply only when there is a split line, allowing motorcyclists to ride along the side of vehicles. Overtaking on the right and left is legal, however, keeping space between yourself and the car in front of you is vital to give you enough time to react without reducing speed or risking collision with the vehicle behind you. Overtaking and travelling in opposite directions to traffic is generally acceptable on highways and country roads, unless otherwise indicated with signage – such as lanes for turning left. Trucks and buses have a higher road tax due to the pollution and road damage they create. Motorcycles, too can be charged this road tax, although you may find that your registration seems lower than other vehicles.
Motorcycle Insurance Laws
As with automobiles, it is illegal to operate a motorcycle in many jurisdictions without first maintaining minimum amounts of liability coverage. Motorcyclists can buy different types of coverage which can fit various situations and afford different levels of protection in the event of an accident.
At its most basic level, liability insurance provides coverage for damages and injuries caused by a motorcycle accident that is your fault. This includes damages to other vehicles, property, and injuries to the occupants of other vehicles involved. Liability insurance does not cover damages or injuries caused by uninsured motorist (UM) or underinsured motorist (UIM).
The minimum amount of liability insurance required to legally operate a motorcycle varies by state. For example, the District of Columbia requires only $25,000 per person per accident. South Carolina, Georgia, and Alabama require $25,000 in total, no matter how many people are injured. The highest minimums are in Michigan at $500,000 per person per accident and New Hampshire, which has no minimum insurance requirements at all.
You can also purchase UM and UIM coverage. It provides funds to you and your passengers for injuries or damages caused by a driver who is uninsured or does not have enough coverage to provide adequate compensation. In many states, this coverage is included automatically as part of a standard insurance policy. While the UM and UIM coverage may be mandatory in your state, the limit is often less than the maximum that you have for liability coverage.
Collision coverage pays for damage or total loss incurred to your bike that occurs in an accident, regardless of fault. Many policies do not require the insured to be at fault and may cover partial damage or a total loss. Your insurer can repair your bike, or it will pay you the actual cash value of the loss (the replacement cost minus depreciation). If your bike is worth $8,000 today, and it costs $10,000 to repair, your insurer will only pay you $8,000.
Physically damage coverage pays for losses occurring from incidents outside your control, including theft, vandalism, fire, falling objects, flooding, or if your bike is backed into by an SUV in the parking lot. Some policies finally provide coverage for damage while your bike is being transported by train, truck, or boat.
Comprehensive or "uninsured" or "full coverage" covers damages to your bike caused by an automobile if the owner is not identified. This type of insurance is ideal in case of hit-and-run accidents or when a motorist simply drives off the scene of an accident. Like UM/UIM coverage, comprehensive coverage will defiantly provide the witness to crash between your bike and the automobile which makes your claim easier to handle.
Uninsured/Underinsured Motorist Property Damage coverage is exactly what it states. When a motorcycle relief scheme has been invoked in the area post-crash, this type of coverage allows you to recover from certain uninsured and underinsured third-party property damage losses if that loss is incurred by a legally operating motorcycle motorist.
Common Motorcycles Violations & Penalties
Motorcycle riders are not immune to the law, they are expected to obey it as much as any other motor vehicle or mode of transportation. There are however, a few more laws which apply exclusively to motorcycles and motorbikes in certain states. Failure to obey motorcycle specific laws can result in the same penalties as any other infraction including suspension or revocation of a motorcycle license or endorsement in addition to fines and possibly even jail time.
Most common violations
One of the most prevalent violations we see is riding with no valid endorsement or license. Many people simply ride with their cars’ license effectively thinking this is sufficient. This is not the case. To legally operate a motorcycle or motorbike, you must have the relevant license for the vehicle . This may be a specific motorcycle license or an endorsement on a standard driver’s license. The penalty generally for this crime is a monetary fine. However, if this is accompanied by improper riding, the penalties may escalate to license suspension, impound and possible jail time.
Another common violation is riding a motorcycle without a helmet. This usually applies only to those under the age of 21. In most states, motorcycle riders must be at least 21 years old to operate a motorcycle without a helmet. Again, however, if an infraction of this sort is accompanied by improper riding, penalties may include license suspension. Many crimes can be elevated to more serious degrees if they are accompanied by carjacking or other harmful behavior while under the influence of drugs or alcohol.
Modified or Custom Motorcycles
For motorcycle fans, one of the most enjoyable parts of owning a motorcycle is personalizing it to fit their own style. Every motorcycle enthusiast wants to have a unique riding experience that expresses his or her individuality. However, many of the legal considerations for custom motorcycle designs and custom motorcycle accessories are often overlooked. Below are some of the most common legal concerns regarding customized motorcycles.
Emissions Control: In order to operate on California’s roadways, all motorcycles must comply with strict emissions control standards. Many motorcycle enthusiasts change their stock motorcycle parts which may result in emissions increase, such as by installing a high performance carburetor and air cleaner. Illegal increases in emissions is one of the most common reasons for CHP to issue citations for illegal modifications to motorcycles. On the other hand, many after-market parts have been granted executive orders from the California Air Resources Board ("CARB") that permit their installation on motorcycles without violating emissions control laws. Therefore, we always advise clients to check with CARB to make sure that the after-market part has been awarded an executive order on their motorcycle model before they purchase it.
Noise Level: There are also strict noise level requirements that motorcyclists must meet when modifying their motorcycle. The overwhelming majority of citations we see for illegal modifications involve exhaust systems such as a straight pipe system that produces excessive noise. We often get calls from clients who get caught up in this very problem because they see many motorcycles being modified on the roadways without being pulled over. However, many of these modified vehicles have been given special permits from local authorities. These permits authorize the motorcycles to legally operate with noise levels that would otherwise violate the law. Such permits can be obtained but are expensive. In some cities, we see municipalities issue permits that allow motorcyclists to operate under higher noise restrictions during special events such as motorcycle rallies. Because such regulations are localized, we recommend checking with your local city or county department of transportation for more information.
Structural Modifications: Regulations also exist on how to modify the basic structure of the motorcycle. You may not merely place your foot on any area of the motorcycle. For example, standing on the passenger pegs is illegal. All structural modifications to the motorcycle must comply with "dealership" specifications. Therefore, services such as changing a seat to accommodate a passenger must be done by a dealership. Obviously, these regulations do not apply to those who build custom motorcycles from the ground up. Nevertheless, if you design or manufacture parts for your motorcycle, be sure to consult the regulations before you begin work.
While the majority of consumers are able to stay within the parameters set forth by the law, those who don’t are often cited and fined, especially within the city and county of Los Angeles. Fines often start at $250. Permits issued by CARB or by the city for illegal modifications are often hundreds of dollars and do not necessarily stop receiving citations. The only solution to a citation is to remove the item and pay the fine.
Motorcycle Laws in Different States
As detailed above, the fundamental motorcycle laws apply throughout the United States. But a number of state specific rules also exist. These can vary dramatically from one state to another, and range from license and equipment requirements to distinctive traffic laws. Some of the more common basic regulations include: Georgia requires all motorcycle riders to wear a helmet, but offers a limited exemption for bikers over age 21 who have held their motorcycle license or endorsement for at least a year, who possess adequate eye protection and whose bikes have a windscreen. Georgia is one of only 14 states that require all motorcyclists to wear a helmet regardless of the rider’s experience and the bike’s cruising capacity. The other states are: Alabama; Arkansas; California; Florida; Louisiana; Massachusetts; Maryland; Nevada; New Hampshire; New York; Pennsylvania; Texas; Vermont; and Virginia. Interestingly, Georgia only started requiring helmets in 1972, even though the vast majority of states had passed such laws already. Georgia has a "lane splitting" law in effect as of July 2018, allowing power scooters to ride between lanes of slow-moving or stopped vehicles. However, the law only applies to scooters, not motorcycles, which must obey lanes and traffic laws. Some states allow lane splitting by both types of bikes while others do not permit them to share the road with passenger vehicles. These issues have long been debated by legislators. In July 2018, California became the first U.S. state to officially legalize the practice, although some lawmakers and the California Highway Patrol previously disapproved of it, questioning its safety. Among states neighboring Georgia, only South Carolina permits lane splitting; others, including Alabama, Tennessee, Florida and North Carolina, do not. Wisconsin and Utah also allow motorcycle lane splitting. Several states, including Alaska, Illinois, Iowa, Massachusetts, Virginia and West Virginia, have enacted safe driver laws that essentially excuse motorcyclists from liability when they are rear-ended while stopped in traffic – similar to laws that cover cyclists who are rear-ended. Otherwise, the fault assigned by investigators and courts is determined according to driver contribution, with Wisconsin being one of the most strict no-fault states. New Jersey is the only state that does not require motorcyclists to display a license plate, largely due to the fact that most of these vehicles are registered as regular passenger cars but with lower fees. Oklahoma, Texas and Utah offer an exemption from helmet use for motorcyclists 21 and older who complete a rider education program, pass a written test and are insured. Delaware and North Dakota allow motorcycle operators to carry a passenger only if both are wearing a helmet. Similarly, Minnesota, Oregon, Rhode Island and Utah require helmets for both the driver and passenger of a motorcycle if either is under age 21. A few others do this for motorists younger than 18. Colorado and Kentucky are among a number of states in which motorcyclists 21 years old and up may opt out of wearing a helmet – provided they have adequate insurance or are assigned a waiting period for their motorcycle license. Colorado, Indiana, Kentucky, Louisiana, Mississippi, Nebraska, Ohio, Pennsylvania and Texas do not require intermediates or novices to wear helmets. North Carolina also does not mandate helmets for inexperienced riders though it does require training.
Motorcycle Safety Tips & Legal Guidance
Providing you adhere to the laws relating to motorcycling, you should find that you remain safe out on the roads and that your enjoyment of motorcycling is not diminished at all. Of course, all motorcyclists need to be smart and stay clear and compliant with laws relating to the following:
Helmets
The subject of the helmet is a contentious one in the eyes of many longstanding motorists. Indeed, the law states that:
"Anyone in charge of a motorcycle, moped or scooter that’s on a public road must make sure that anyone using the machine wears a safety helmet accepted by the UK standards."
It is also a legal requirement for you as the driver or rider of a motorcycle to ensure that your passenger wears a safety helmet as well.
Insurance
Everyone who rides a motorcycle must have insurance for it and must be able to produce this by law if stopped by the police. Again, quite understandably, many longstanding riders object to what they feel is the unnecessary burden of having to insure their motorcycles whether they are used on a public road or not as they see this as their right to personal freedom. However , in order to stay within the law, you will need to insure your motorcycle and be smart about it by doing so.
Motorcycle Training
It is a legal requirement that you go to an approved independent centre and demonstrate that you have sufficient skill to ride on the roads. Once you have "passed" your testing, you will also have to display the appropriate plate on the back of your motorcycle. You will also have to wear the reflective jacket provided for you during the testing session thereafter.
It is also a requirement that you are fit in order to drive a motorcycle and to this end, many centres have basic eye tests to ensure this is adhered to.
If you have been following all of the above, you should have no problems on the road as you ride along enjoying your weekend or evening jaunts. Stick to these laws and you will find that riding a motorbike can be a safe and enjoyable experience for you.
