STATUTE:

July 14, 2011 - Gov. Jack Markell vetoed HB 95, which would have repealed Delaware's helmet law that requires every person up to 19 years of age to wear a "safety" helmet. The Governor is prepared to discuss the bill with proponents and others to see how to make roads safer for bikers, including education, training, enforcement, and a mandatory helmet requirement. Veto text here.

Part III. Operation and Equipment. Chapter 41. Rules of the Road. Subchapter XI. Miscellaneous Rules. Section 4185:

" . . . (b) Every person operating or riding on a motorcycle shall have in that person's possession a safety helmet approved by the Secretary of Public Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary."

FINE:

$74 for no helmet. If you have information about the amount of the fine for violating Delaware's helmet law, please e-mail it to us. Thanks.

Fine is $25.00
Victim Comp. $4.50
Video Phone $1.00
DELJIS Fund $1.00
Transporter Fund $12.50
Court Security $10.00
Court Costs $20.00
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Total $74.00

(Thanks to Scott Perfetuo for the breakdown)

STANDARDS:

Apparently the "Secretary of Public Safety" approves Delaware's so-called safety equipment, but we are not aware of what those exact standards are.

COURT DECISIONS:

"The purpose of subsection (b) of this section is to protect motorcyclists and their passengers from head injuries." State v. Brady, Del. Super., 290 A.2d 322 (1972).

"Subsection (b) of this section does not violate Fourteenth Amendment to the Constitution of the United States." State v. Brady, Del. Super., 290 A.2d 322 (1972).

CURRENT ACTIVITY:

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

WEBSITES:

• Delaware State Legislature
• Delaware DMV