SB 86

Abstract

Currently, every adult operating or riding as a passenger on a motorcycle is required to have a helmet in their possession and wear eye protection while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet and eye protection. This Act requires that everyone who obtains a new endorsement for a motorcycle on or after the effective date of this Act, or someone riding with the newly endorsed person, to wear a helmet and eye protection for the first 2 years after the newly endorsed person receives the endorsement. In 2022, Delaware experienced 10 motorcycle fatalities where the rider was not wearing a helmet. Over the last 5 years, among crashes involving a Delaware licensed motorcycle rider, 25% of fatal and serious injury crashes involved a rider in their first 2 years of having a motorcycle endorsement. Helmets and eye protection are already required for those operating with a temporary motorcycle instruction permit as required under § 2703 of Title 21 of the Delaware Code and no passengers are allowed. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. According to research from the National Highway Traffic Safety Administration, helmets are highly effective in protecting motorcycle riders’ heads in crashes and significantly reduce deaths and serious head injuries in crashes. This Act creates a civil penalty for violation of the helmet law, both the existing law and the law created by this Act.