New Jersey Motorcycle Helmet Law

Mandatory Motorcycle Helmet LawNew Jersey Motorcycle Helmet Law

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 . . . :“a. No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the director. . .”

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 . . . :“The director is authorized and empowered to adopt rules and regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder. For the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering.b. The director shall not assess motor vehicle points for the failure of a motorcycle operator or rider to wear a protective helmet.

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.

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

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 page.