Constitutionality of Idaho Motorcycle Helmet Law
The Idaho motorcycle helmet law requires that all motorcyclists and their passengers wear helmets. There are several factors that determine whether a helmet meets the requirements. The helmet requirements include:
(Note that the above list contains some redundancy , which is intentional to make sure you are fully informed as you read through the facts.)
So unless a motorcyclist produces evidence that he or she wore an approved helmet, it is assumed that the motorcyclist was not wearing a helmet and that there are no exceptions to that general rule.
A Brief History of the Idaho Motorcycle Helmet Law
In the 1970s, under the administration of then Governor Cecil Andrus, Idaho implemented its first motorcycle helmet law. Like many states, its decision was influenced in part by the growing body of evidence linking hard data – brain and spinal cord trauma in riders and passengers – with biker injuries. Although the legislative history of the Act has been lost, the law covered all motor cyclists equally, regardless of age and experience.
The law remained in place for several years, until 1982.
With soaring gas prices and the growing popularity of "scooters," a group of Idaho Legislators introduced a bill asking for a repeal of the helmet law. The same year, a seasoned motorcycle accident attorney took the lead in promoting a "Club Free To Choose" campaign that would become a pivotal moment for motorcycle enthusiasts across the state. The organization’s main concern focused on the choice motorcycles ride and their ability to utilize alternate safety gear – leather jackets and sturdy footwear – in lieu of helmets.
In 1989, after many years of campaigning and dedication, motorcycle enthusiasts succeeded in having an amendment to the existing law repealed. The new law allowed persons over the age of 18 the option to ride without a helmet if they were willing to sign an insurance waiver. Outfitting their bikes with insurance signs, bikers across the state rode freely. Although some legislators still fought to gradually re-implement the law, changes were slow and sometimes unsuccessful.
For the next ten years, others joined the fray, proposing alternative types of helmet laws and other insurance options, all in the pursuit of what they believed would provide the most sustainable option over time.
In 1995, a legislator from Idaho’s "Northern District" sponsored an amendment designed to promote helmets that met federal standards only, which, at that time, did not even require a chin strap. Bikers immediately saw through the amendment, successfully killing the bill. In nod to these efforts, other state legislators recognized that the use of "novelty helmets" was more a marketing gimmick than a safety option, thereby re-establishing respect for the value of wearing a properly fitted, CPSC-approved helmet.
However, it was not until 1997 that lawmakers effectively returned to their original mandate: requiring anyone who rode a motorcycle to wear a helmet that met federal standards. Realizing that allowing a "helmet opt-out" clause was arbitrary and would only result in confusion and controversy, legislators failed to renew bills that would have reinstated such language.
Over the next few years, new requirements were added. By 2000, motorcyclists under the age of 18 had to wear helmets that met rigorous safety standards, i.e., the DOT certified helmets. Today, legislation requires that helmets meet federal standards set forth by the National Highway Traffic Safety Administration (NHTSA). In Idaho, as long as you wear a helmet of any kind, and buckle your helmet, you are in compliance with the law.
Several attempts were made in the early 2000s to repeal the law, but with every attempt came a mountain of data supporting the law’s effectiveness. Thus, the law continues to stand, at least for now.
How Idaho Motorcycle Helmet Laws Compare to Other States
Idaho’s very limited motorcycle helmet laws put her in a unique position compared to her neighboring states. A 2012 law passed in Wyoming mandates that all motorcycle riders and their passengers must wear a helmet. It must be approved by the Department of Transportation and comply with the Institute of Highway Safety’s standards. Failure to wear an approved helmet is a visual offense carried by a $10 fine.
In contrast, Utah’s laws require all riders under the age of 21 (as of 2011) to wear helmets that meet the U.S. Department of Transportation standards. Heavier prescription eyewear and earplugs that are required for some other models void a rider’s helmet compliance. Failure to wear a helmet is a Class C misdemeanor, punishable by a $120 fine.
Nevada requires all riders under the age of 18 to wear helmets that have been approved by the NHTSA. Failure to wear an approved helmet is a traffic infraction carrying a $50 fine. Also in Nevada, a rider who has formerly been involved in an accident involving head trauma or who has been treated for head trauma by a medical professional must wear a recognized helmet until the rider has been declared to have healed or the threat of head injury no longer exists.
Montana has no law requiring the use of helmets. Colorado used to require all riders to wear helmets, but in 2011 the law was repealed and now only riders under the age of 18 are required to do so.
Even within Idaho, there have been recent proposals to broaden the law. In 2009, Idaho lawmakers proposed a bill that would have required motorcyclists of all ages to wear helmets that meet the DOT approval in order to obtain or renew driving licensure and required motorcyclists under 18 years of age to wear eye protection or face shields (which was already required for riders under 18). The bill was sent for revision and, after failing to pass the amended version, it is unknown what became of it.
Rider Safety Considerations
From a safety perspective, while the helmet may not be required, it is certainly a good idea to wear one anytime you ride. A helmet can protect you from the most devastating motorcycle accidents causing traumatic brain injury. Whether you are riding on Idaho’s Circuit Breaker, Highway 97 to Warren, or any of the other scenic byways in Idaho it is best to wear a helmet.
In fact, studies show that wearing a helmet can cut the risk of head injury by 50 percent. According to a 2008 study conducted by the National Highway Traffic Safety Association, between 1984 and 2006, over 21,000 people died in motorcycle accidents; during that same time, 654,000 motorcyclists lives were saved through the use of helmets. Even more significantly, the study found that 32 percent of the motorcyclists who died in accidents were not wearing helmets.
While the benefits of wearing a helmet may be clear, the issue of whether a motorcyclist should be required to wear a helmet is a fraught with emotional arguments from those who have suffered life-altering injuries due to those who have chosen not to wear helmets. Nonetheless, the facts speak for themselves and it is clear that wearing a helmet is safer than not wearing a helmet.
Idaho Motorcycle Helmet Violation Penalties
If a driver is found to be in violation of Idaho motorcycle helmet laws, there can be several consequences. One of the first is that the driver will receive a citation and a fine. If a rider does not have a helmet at all, the fine is $75. If the helmet is defective or improperly secured, the fine is $10. If the rider is convicted several times, the fines increase.
In addition to fines, the driver may also receive points on their license for each violation of the law . It’s important to note that up to eight points can be added to a license for each of the following violations:
• Operating a motorcycle without a valid driver’s license
• Operating a motorcycle without motorcycle endorsement
• Failure to wear eyewear
• Failure to wear protective clothing and footwear
• Failure to wear eye-protection or eyesight correction
In addition, violations that carry points can prevent drivers from obtaining new insurance policies or raise premiums. Penalties will continue to increase if the driver receives too many points on their license for these violations.
Finally, beyond fines and points, if a filing a personal injury claim, the driver may find their personal injury case complicated and less likely to succeed due to their helmet non-compliance. Many states give insurance adjusters the ability to reduce or deny settlements if the plaintiff violated local helmet laws.
Guidelines for Selecting the Right Motorcycle Helmet
When selecting the best motorcycle helmet, there are a few things you want to check off on your list. First, you want to make sure you have a DOT or Snell safety certification. Snell is a non-profit organization that is independent from the motorcycle industry, and guarantees that any helmet that passes its tests is at least 50% safer than the federal minimum (Department of Transportation, or DOT) standard. DOT approval is required in all 50 states, but Snell certification does not mean that the helmet is legal everywhere. Next, you want to make sure the helmet fits properly. Unless the helmet is marked as extra large, it may become looser and slide around on your head, even at slow speeds. Standard helmets can move as much as a half an inch in any direction during a collision, leaving a small uncovered area at your hairline that can be left exposed. Finally, you want to consider what the helmet is made of, and its shape. The outer shell is typically made of polycarbonate, fiberglass or Kevlar. Polycarbonate is the least expensive option, and is also the least safe. Fiberglass is heavier, and will have a lot of different layers, but is still very strong. Kevlar is the most expensive & heaviest helmet, but is also the safest. The shape of a helmet is also important for the safety of your neck. Helmets are either round oval, intermediate oval or long oval. An improperly shaped helmet can "rock" on your head, which can cause your neck to jerk during a sudden stop or collision.
How to Keep Up With Changes in Motorcycle Helmet Law
Staying abreast of changes in the law is essential for all bikers. With the rapid pace of change in legislation, being aware of whether your home state’s helmet laws have changed could save you money or even your life. One of the most important things to understand about Idaho law is that it’s always changing. Before jumping on your motorcycle , make sure you’re fully informed of the current laws in effect.
Local government websites such as Bonner County and the City of Sandpoint are useful for finding information on local laws and ordinances. The Idaho State Legislature website also provides a wealth of information at www.legislature.idaho.gov/. The Idaho Secretary of State also publishes new legislation online.
You should also consider joining local motorcyclists’ advocacy groups, such as ABATE of Idaho. Attending meetings and participating in local rallies can help you learn about any proposed changes and stay up-to-date on recent laws. These subgroups are connected to both state and national associations with a wealth of knowledge to share.