NJ Motorcycle helmet law

Factual Questions
1

Not really looking for legal advice and I do know what the helmet requirements are in NJ, at least in practice if one gets pulled over. This is more about how the law is vaguely written and where one is supposed to find out how to go by the book when the book wants you to find information somewhere else.

From the relevant part of the relevant NJ statutes, Title 39 Section 39:3-76.7

6. a. A person shall not operate or ride upon a motorcycle unless the person is wearing a securely fitted protective helmet of a size proper for that person and of a type approved by the chief administrator. A helmet shall be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The chief administrator 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.

39:3-76.8. Goggles or face shield to be worn by motorcycle operator

No person shall operate a motorcycle unless he wears goggles or a face shield of a type approved by the director.

39:3-76.9 - Wind screen; goggles, face shields not necessary.

8. The provisions of section 7 of P.L.1967, c.237 (C.39:3-76.8) with respect to goggles and face shields shall not apply to the operator of a motorcycle equipped with a wind screen or an autocycle that meets the specifications established by the chief administrator.

So it’s got to be a helmet that fits well, has a neck or chin strap, be reflectorized on both sides and be approved by the chief administrator. Yet there are no links and no other helmet laws that describe what kind of helmets are approved by the chief administrator or who this administrator administrates. Some guessing and I was able to find through a search that the NJ Motor Vehicle Commission has a chief administrator, so I guess it’s her, but nowhere can I find where it’s her that explains what is approved. Again, I do know what is expected of us as I’ve been a part of the NJ motorcycle community for a long time and I know what cops expect and what riders get tickets for, and it says in the NJ Motorcycle manual and the driver’s manual:

HELMET SELECTION Approved helmets come in three types: one-half, three-quarter and full face. Each must: • Meet U.S. Department of Transportation (USDOT) Federal Motor Vehicle Standard (FMVSS) 218. Look for the DOT symbol on the outside back of the helmet. Then, look for a label inside the helmet with the manufacturer’s name, month, and year of manufacture, construction materials, model, size, and other important information. • Be equipped with a chinstrap and have at least four square inches of red, amber, or white reflectorized tape on each side. • Lack obvious defects, such as cracks, loose padding or frayed straps.

When riding, keep the helmet securely fastened at all times. A loosened helmet is likely to fall off during a crash.

So a cop would want us to wear a DOT approved helmet of the three types listed, but a manual isn’t a binding and those aren’t laws. I know NO ONE that wears a helmet with large goofy reflectorized tape on the sides nor do I know of anyone that got pulled over for that reason or got a ticket for it, nor can I find any evidence that that’s needed by the chief administrator. I’ve asked two NJ police officer acquaintances of mine if they were aware of the reflectorized tape necessity and they weren’t.

Could I technically get a ticket for not having reflectorized tape on a helmet? It’s not to be found in any statute ( I have read EVERY NJ statute regarding motorcycle helmets) and I’ve spent a lot of time searching for what the chief administrator specifically says. I can’t see getting a ticket based on what’s written in a manual. On that note, if I couldn’t get a ticket for the reflectorized tape, then the other mentions in the manual shouldn’t be binding either (unless there is some official requirements by the chief administrator, but following the law and not what’s in manuals shouldn’t be so difficult).

2

No, the 4 square inches of reflectorized tape is an example. The surface just has to have at least 4 sq in of reflective material. They want to make sure you don’t buy a matte black helmet and tiny reflective sticker on top.

A helmet shall have a reflectorized surface on both sides, or have securely affixed thereto reflectorized material on both the left and right side of the helmet. Such reflectorization must cover an area of at least four square inches on each side of the helmet. If reflectorized material, such as one-inch by four-inch strip of reflectorized safety tape is attached to each side of the helmet, it must be affixed in a permanent, weather-proof manner.

Also, you can buy stickers that appear black in the daylight but reflect light at night.

3

I’d expect that you’d find out from the companies selling the helmets. Like, something on the package that says “This helmet complies with the requirements of New Jersey title 39:3-76”, or the like.

4

Well, so much for me having read all of the laws. I did not find that one about reflectorized sides. Tape or otherwise, I don’t know anyone that has anything reflectorized on the sides or that got a ticket for it (it’s certainly not a common feature helmets come with).

5

Nah, helmets don’t say anything about NJ on them that I’ve ever saw in a NJ brick & mortar store and I buy helmets online these days. Even if they did, it should be in a statute itself rather than a vague “approved by the chief administrator” mention.

6

deleted

7

That’d be horribly impractical. Every time a helmet manufacturer came out with a new model, you’d have to re-convene the legislature (who know nothing about motorcycle safety to begin with) to update the statute to include the new helmet. Much easier to give the authority to a regulatory agency staffed by people who do specialize in motorcycle safety.

8

Of course a regulatory agency would approve helmets, but a state should tell those that want to know what the laws are what they are in the statutes themselves.

Nothing would have to be done every time a manufacturer came out with a new model. The statute would just have to say “helmets must be approved by the DOT” or it should at least be easy to find what this approval by the chief administrator is. What’s in the driver’s manual doesn’t mention the chief administrator nor is a manual legally binding.

9

I’m not sure I see the distinction between “helmets must be approved by the DOT” and “helmets must be approved by the administrator of the DOT”.

10

Like this?

or this?

11

It doesn’t say either of those things. It says “approved by the chief administrator” and as far as I can tell, the chief administrator is not a position in the DOT.

12

No, nothing like anything I can see skimming those pages mention NJ. You mentioned in a now deleted post Snell certification as a possibility. It is possible for a state to have stricter requirements than federal requirements or even less strict requirements as some states don’t require helmets at all.

13

That’s because those are the federal laws regarding helmets.

The Chief Administrator of the Motor Vehicle Commission hereby adopts and incorporates by reference Federal Motor Vehicle Safety Standard No. 218 ( 49 CFR 571- 218), as amended and supplemented.

The chief administrator of NJ took the federal statutes I linked to and added them to NJ law. You have to refer to federal code to read it, but it IS part of NJ law.

You’re talking about two different things. Requiring vs not requiring a helmet and stricter or more lenient safety standards than what the US DOT requires.
Yes, there are differences in helmet usage by state. But your question isn’t about whether or not they require helmets to be worn.

But ALL motorcycle helmets in the US have to meet USDOT safety standards to be road legal. Some states may have stricter safety requirements but, to the best of my knowledge, can’t allow less safe helmets.
What they’re doing is making sure people that buy a helmet to use with their motorcycle don’t end up with one that isn’t able to protect them. They’re making sure you don’t buy a novelty helmet and think it’ll keep you safe.

14

Omg, this is exactly what I need for my black coat - I had no idea they came in black.

15

I know, that’s why I brought it up. You didn’t post the NJ law, nor did I see it before, regarding NJ adopting the Federal standard so it was meaningless before that point. Thanks for finding that statute.

“But ALL motorcycle helmets in the US have to meet USDOT safety standards to be road legal. Some states may have stricter safety requirements but, to the best of my knowledge, can’t allow less safe helmets.”

You capitalized ALL, but then wrote “to the best of my knowledge” and acknowledged a state may have a stricter law, so I’m not getting your point. Up until you posting the statute of NJ adopting the Federal requirements, my supposition “It is possible for a state to have stricter requirements than federal requirements or even less strict requirements as some states don’t require helmets at all” was not unreasonable.

16

Doing a bit more poking around, it does appear that you can wear a non DOT approved helmet in a state where you’re not required to wear a helmet. I wasn’t aware of that.

No, it’s not unreasonable, just a bit confusing (either to me or to you, I’m not sure where we landed on that).

I guess the point I was intending to make is that if you’re required by law to wear a helmet, it’s going to US DOT approved. I don’t think any state that requires you to wear a helmet will allow it to be one that isn’t approved. So it’s not that some states have less strict requirements for helmet safety specs, it’s just that they don’t require you to wear one at all so you want to wear a novelty helmet you can.

I think it’s like if a state didn’t require the driver of a car to wear a seat belt, it’s fine if they want to tie themselves to the seat with some rope. But if your state does require it, it’ll have to meet the federal guidelines. It’s not that a state is going to require seat belts, but set lower standards so your rope method is legal.

17

@Loach, who I think may know a lot about NJ laws.

18

It’s required to be a USDOT approved helmet. Personally I don’t know anyone writing that ticket. Most so-called novelty helmets have fake DOT stickers on them.

Anecdote time. When I was on the fatal crash investigation team we had a motorcycle rider get his head mushed in. He was wearing a novelty biker gang style helmet that offered as much protection as one of those baseball helmets you get ice cream in at the ballpark. He had a real approved helmet attached to his bike. There was sweat on the inside of the helmet. We found out he was meeting friends at the bar up the street. He was wearing his real helmet until he almost got there. He pulled over and switched it out for his cool looking helmet a short time before the accident. No guarantee but the accident looked survivable.