Tennessee’s Helmet Law at a Glance
Ever since 1967, Tennessee has had a helmet law that has been a contentious subject between motorcyclists and the state. Beginning with a federal law in 1967, every state was mandated to have a "standard" helmet law in place or else face a reduction in their federal highway funds. That federal law gave states an ultimatum: enact a law that mandates that motorcyclists wear helmets, or lose federal funds. By 1976, 47 states had enacted a similar law, even Tennessee.
The original Tennessee helmet law mandated that any single-passenger motorcycle have a helmet that meets Department of Transportation standards, and that anyone under 21 years of age be required to wear a helmet while riding on a passenger motorcycle or riding as a passenger. The 1989 amendment to the law allowed some exceptions, and reverted back to a more universal law . It removed the previous age limit for those required to wear a helmet by Tennessee law, and changed the maximum fine for violating the helmet law from $10 to $50.
Today, the law is not nearly so lenient. Today, a motorcyclist must wear a helmet regardless of their age or experience. There is one exception, however. If a motorcyclist is at least 21 years of age, has had a motorcycle license for at least a year, and has completed a motorcycle safety program or has proof of experience, then they can ride without a helmet (though they are required to wear eye protection). The same goes for the passenger of that rider. Any other rider or passenger must wear a helmet, or face the risk of the $50 fine.
Tennessee’s helmet law has recently become a topic of debate, as the safest way to avoid harmful injury on a motorcycle is to wear a helmet. Even though the law is now more strict than before, it is clear that passing the helmet law was a good move for the state.
How Tennessee Adapted to Helmet Laws Over the Years
Tennessee motorcycle helmet laws have undergone significant changes over the years, with the first iteration of the legislation passed in the mid-1970s. The original law required riders under the age of 15 to wear a helmet at all times while operating a motorcycle. The law was revised in the early 1980s to expand the helmet requirement to include all riders under the age of 21.
In the mid-1990s, the legislature scaled back the helmet law once again, limiting the requirement to those under the age of 16. A few years later the age limit was raised to 18. In 2004, the General Assembly made the current law optional for those over the age of 21 who have health insurance that could be used to cover injuries.
These modifications to the law, while incremental, reflect the ongoing debate over motorcycle safety and the government’s limited role in our lives and decision making. Many motorcycle enthusiasts consider the mandatory helmet law an infringement on their personal freedom, while others see it as a measure that should remain in place to protect all riders regardless of age.
Tennessee Helmet Law’s Key Provisions
While specific specifications outlined by the federal government, such as FMVSS 218 or FMBSS 119, do not explicitly mention motorcycle helmets, they do apply to and govern motorcycle helmet manufacturing. This means that if a helmet has an FMVSS 218 sticker on it, you can be certain that it meets government testing standards. The sticker also means that it is not guaranteed to meet the specifications set by Tennessee state law, which requires that helmets meet the National Highway Traffic Safety Administration test standards (49 C.F.R. Section 571.218, including the amendments adopted up to December, 2004). The federal government standards only require that helmets allow riders to keep their peripheral vision (these studies were conducted with normal-sized heads – if a rider has a larger than normal head, this could be a problem).
The NHTSA requires that motorcycle helmets undergo specific testing, including those conducted on impact, lab durability, and peripheral vision. Helmets must be labeled with an imprinted label ("DOT" sticker) indicating the helmet meets the DOT standards. To be in compliance with Tennessee law, the helmet must meet the following:
(a) Be manufactured to conform to all applicable federal motor vehicle safety standards; and
(b) Weigh not less than three hundred grams (300 g); and
(c) Have a hard outer shell securely fastened to the inner foam liner and held in position by adhesive and not by rivets; and
(d) Have a foam lining of expanded polystyrene of one-half inch (1/2 in.) thickness or more which is securely attached to the inner shell and conforms to the contour of the inside of the outer shell; and
(e) Have the outer shell have a first quality finish and not a sharp edge, such that the inner foam liner will not be exposed in the event of an impact; and
(f) Helmet size shall be clearly labeled on the helmet using letters not less than one-fourth inch (1/4 in.) high.
Permissible Exceptions to Tennessee’s Helmet Law
Surprisingly, there are some groups that are exempted from the helmet law in Tennessee. For instance, anyone incarcerated in one of Tennessee’s correctional facilities is not required to wear a helmet by law. If you’re riding a motorcycle that’s not subject to the Public Chapter 353 requirements, you’re not required to have a helmet on. The following types of bikes are accepted from the law:
• 2000 or older utility-type motorcycles with a minimum engine displacement of 200cc if the motorcycle lacks a windshield and other equipment required by law for a passenger vehicle.
• 2002 or older dual purpose motorcycles or dual purpose scooters with an engine displacement of 250cc or greater.
• 2003 or older two-wheel all-terrain vehicles with a minimum engine displacement of 350cc.
• 2008 or older all terrain vehicles operated for agricultural or official government purposes, or trained or certified law enforcement officers as part of his or her duties.
• 2011 or older all terrain vehicles used for racing, events, off road, or for recreational purposes.
• 2014 or older farm tractors, and are not designed for highway use.
At Wade Blog, we always encourage everyone to wear a helmet while using any type of vehicle. We can’t stress how important it is to wear a helmet—not only for your protection, but also for the protection of those who care about you.
Do Helmet Laws Prevent Motorcycle Accidents?
The evidence concerning the effectiveness of helmet usage in lowering motorcycle accident statistics is substantial. The National Highway Traffic Safety Administration (NHTSA) estimates that if all riders wore helmets, 724 motorcycle lives would be spared in the U.S. yearly. An updated 1996 NHTSA analysis of data from 1976 to 1987 demonstrates that states with total helmet use laws had 32% fewer motorcyclist fatalities per 100,000 registered motorcycles than those without them. Also, since the enactment of an all-rider helmet law in 1980, motorcycle fatalities dropped from 1,336 in 1979 to 222 in 1984 and to 89 in 2018.
Even though Tennessee has a mandatory all-rider helmet law, the number of motorcycle crash fatalities in Tennessee continues to rise. An improved system of motorcycle crash reporting and a more accurate count of fatalities is partly to blame . Prior to 2011, motorcycle fatalities were collected as a group with moped fatalities. In 2018 there were 115 motorcycle and 20 moped fatal crashes involving 132 motorcycles. This increase is much larger than that in the general population and is largely attributable to 1.) the reduced safety impact of the change to a more dangerous motorcycle market since 2011, and 2.) the many injuries and fatalities resulting from careless automobile and truck drivers.
Although data concerning the effectiveness of helmet use in reducing fatalities are somewhat mixed, the weight of the evidence strongly indicates that wearing a helmet does reduce fatalities. What remains to be seen is whether that will remain the case in Tennessee with the increase in motorcycle fatalities.
Tennessee Statewide Attitudes Regarding Helmet Laws
Public opinion about Tennessee’s helmet law varies widely. While many believe wearing a helmet can save the lives of motorcyclists, those against mandatory helmet use argue that it is a choice issue. Some studies show a correlation between helmet laws and an increased number of fatalities. According to a 2020 study published by JAMA Surgery, there was a reduction of 22% in motorcycle-associated fatalities in states with universal helmet laws. However, even with Helmet Optional Laws, helmet use still dramatically reduces the risk of death and serious injury by as much as 60%.
The American Motorcyclist Association is one national motorcycle rights group that has championed initiatives to repeal mandatory helmet laws across the country. Their website states, "We believe that safety is a personal responsibility. It is up to the individual rider to choose how to best protect themselves from injury or death." The American Motorcycle Association has closely followed state agencies’ proceedings around state legislation. Much of the AMA’s information around the effectiveness of helmet laws stems from core research done by Dr. Fred Rivara, a current pediatrician and one of the leading researchers in the field of injury prevention.
In Tennessee, there is also a statewide organization, the Tennessee Association of Responsible Riders, which believes that the helmet law is overly restrictive.
Consequences of not Wearing a Helmet in Tennessee
Failure to comply with Tennessee’s helmet law is not without legal ramifications. If a motorcyclist is stopped without a helmet and cited for violating the law, he or she may face a number of fines and other penalties. First, the violator may be required to pay a citation fee. Failing to wear a helmet for one’s own safety, however, can have even more significant aftereffects. A party who acts negligently and causes injury or death to another person as a result may be liable for damages in court. According to Tennessee law, a negligent party whose negligence is a "proximate cause" of an accident is responsible for compensating any injured party for medical bills , lost wages, property damage, and other losses related to the accident. If the injured party is able to recover full damages in court, the negligent party could be on the hook for tens of thousands of dollars. When a person files a claim with his or her own insurance company, the insurance company may deny payment for injuries caused while operating a motorcycle without a helmet because it violates state law. In addition to paying a ticket for violating helmet law, you may have to face increased insurance rates after your insurance company learns that you were on the scene of an accident while riding a motorcycle without a helmet.