Mandatory Helmet Law

New Jersey



STATUTE:

Title 39. Motor Vehicles and Traffic Regulations. Subtitle 1. motor Vehicle and Traffic Laws. Chapter 3. Motor Vehicles. Article 3. Equipment. Section 39:3-76.7. Protective Helmet of Proper Size To Be Worn By Operator and Passenger . . . :

FINE:

"NJ statute dictates a fine not exceeding $25 for violation of the helmet "law". And, as you know, no points are issued. As a matter of fact, basically all statutes that fall under Article 3 of the Motor Vehicle code in NJ are non-moving violations and are NOT subject to points." --Dave DeCillis

STANDARDS:

Title 39. Motor Vehicles and Traffic Regulations. Subtitle 1. motor Vehicle and Traffic Laws. Chapter 3. Motor Vehicles. Article 3. Equipment. Section 39:3-76.7. Protective Helmet of Proper Size To Be Worn By Operator and Passenger . . . :

COURT DECISIONS:

We have been unable to uncover any court decision from a court of record, either from the New Jersey Appellate or Supreme Courts, which indicates that the question of whether or not New Jersey's helmet law is constitutional has not been addressed in the courts.

CURRENT ACTIVITY:

Sept 5 - 7 2003 - Freedom Ride from MA to PA to celebrate PA's Adult Freedom of Choice WIN and to promote awareness for Freedom of Choice for ALL riders in MA, NY and NJ.

10/30/01 - Helmet Law Suspended! Monmouth County Superior Court ruled in Buist/Mackey vs NJ that the NJ Helment law was unenforceable and suspended enforcement pending adoption of federal specifications, until which riders will not legally have to wear a helmet per Jerry Friedman, the attorney who argued the case. More info: Court Order | Times article

6/8/00 - S-532 passed in the NJ Senate. This bill will make helmets optional for riders over 21 who have either been licensed for at least two years or have completed a training course. The bill is now in the Law and Public Safety committee. From there it goes to the Assembly.

Letter writing campaign. See http://redgar.homepage.com/njhelmetlaw.html

WEBSITES:


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


-- DISCLAIMER --

The foregoing is provided as educational information only and is not legal advice.