STATUTE:

Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter XI. Miscellaneous Rules. Section 4185:

" . . . (b) Every person operating or riding on a motorcycle shall have in that person's possession a safety helmet approved by the Secretary of Public Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary."

FINE:

$75 for no helmet. If you have information about the amount of the fine for violating Delaware's helmet law, please e-mail it to us. Thanks.

STANDARDS:

Apparently the "Secretary of Public Safety" approves Delaware's so-called safety equipment, but we are not aware of what those exact standards are.

COURT DECISIONS:

"The purpose of subsection (b) of this section is to protect motorcyclists and their passengers from head injuries." State v. Brady, Del. Super., 290 A.2d 322 (1972).

"Subsection (b) of this section does not violate Fourteenth Amendment to the Constitution of the United States." State v. Brady, Del. Super., 290 A.2d 322 (1972).

CURRENT ACTIVITY:

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

WEBSITES:

• Delaware State Legislature
• Delaware DMV