Although we are all about legal stuff, we also publish lifestyle content. Like this article by Atlas Obscura about “road trip freaks.” Atlas compares the accounts of 12 different authors about various locations in our beautiful country. The experiences of the book writers could stir a desire to take a motorcycle road trip across the states.
As you gear up for the road trip, we thought of some of the legal stuff you should keep in mind. Here is a summary of crucial motorcycle laws across the states. After all, you would not want to mar such an epic trip with tickets, citations, and accidents. To avoid that you can read more about what defense lawyers have to say about motorcycle accidents and the laws associated with them in the state you are visiting. Not to mention, you need to be prepared for all kinds of emergencies. Right?
Why motorcycle laws vary across America
The dual-sovereign government system in the United States means that the legal system has different levels. At the helm is the Constitution which is the foundation of all our laws and civil liberties. Then there are Federal laws and State laws. Although Federal law may seem superior, it is not. States may grant their citizens greater freedoms than the federal Constitution as long as they do not violate or undermine federal constitutional rights.
With that in mind, most of what you will experience daily is state law. It includes tort law, criminal law, property law, contract law, and family law. Traffic law also falls under State law. Since each state has unique statutes, there are several variations of the prescriptions and applicable remedies.
As a citizen, you may be confused about what laws to follow, especially when you are on a cross-state road trip. In that case, you should be guided by the “Full Faith and Credit Clause” in Article IV, Section One of the U.S. Constitution. According to this clause, states recognize each other’s laws. But, on the other hand, you are legally bound to obey the laws that prevail in the state where you are.
We have rounded the motorcycle laws you should be aware of into three main theme areas: rules concerning licensing, safety gear, and equipment rules.
Licensing laws
Motorcycle licensing laws often touch on the operator’s age, the training received, and the engine displacement.
Most states have set an age limit of between 14 and 16 years. The rules also restrict younger riders to smaller engines, and in some cases, they can only operate under supervision. Only Arkansas permits riders between ages 10 and 14 to ride motorized bicycles. But they should do it only on private property or in municipalities with populations of less than 10,000 people.
Concerning rider training, most states recognize riders who hold valid driver’s licenses with a motorcycle endorsement as having sufficient education. Twenty-one states require that operators must undergo some rider education before issuing a permit. The others put this demand only on younger riders, and some include an engine displacement clause.
Fourteen states peg licensing on engine size. In most cases, they confine younger riders to smaller engines. But in some states, like California, it is not the age but the ability to reach all controls. In other jurisdictions, like New Jersey, riders can only operate bikes of lower or equal engine displacement as the one used during licensing testing.
In all these instances, safety is the primary focus of the law. Ensure you have the correct license and a bike of corresponding engine displacement.
Motorcycle safety gear laws
In this category of motorcycle laws, helmet laws and rules on eye protection should be of interest.
Helmet laws are perhaps the hottest subject of debate in motorcycle laws. Nineteen states have made it compulsory. In these states, riders must wear a D.O.T certified helmet. Often these mandates also apply to motorcycle passengers. While the remaining states like Illinois don’t legally require motorcycle riders to wear a helmet, it’s still highly recommended that you wear all of the proper riding gear and a helmet, especially if you are a new rider or looking to secure your motorcycle license.
Since helmets can significantly reduce fatality risk in an accident, we think wearing one is not a matter for debate. Wear your helmet whenever and wherever you ride. It is not a matter of law but your life!
Eye protection laws should also draw your interest. Thirty-six states have made eye protection compulsory for operators. However, 23 states exempt riders on motorcycles with a windshield. Some states set the eye protection requirement based on age, and others peg it on the riding speed. Like the helmet laws, we suggest that you wear eye protection at all times. Whether you are a senior citizen riding at 20mph or a youngster cruising at 34mph, no one is immune to an eye injury.
Laws concerning motorcycle equipment
Most states limit how high your handlebars can be. The restrictions are in some cases ambiguous – the handlebar height should not exceed the eye level. Or specific – the handlebar height should not exceed 30 inches above the seat.
In the same way, the sound levels or muffler requirements vary from state to state.
In some states, like Texas, there is no regulation. In states like Wisconsin, the law prohibits modification of the manufacturer settings. In some states, off-road bikes should have mufflers or spark arrestors.
We suggest that you avoid modifying the pipes.
There are rules on other equipment rules, like rearview mirrors, fenders, and turn signals. These pieces of equipment enhance your safety and riding experience. Although the statutes vary, common safety sense says they are vital.
Final thoughts
Some of these motorcycle laws may not sit well with your taste or preferences. But the bottom line is safety. They help you to keep safe. Plus, in the event of an accident, following the law makes your case stronger.
