The Facts

• Most states class any scooter over 49cc as a motorcycle for legal purposes, including for helmet laws. As helmet laws vary from state to state (and sometimes city to city), it's best to check with your local department of motor vehicles to find out what the most current helmet laws are regarding your scooter.
  
  

History

• In 1967, the U.S. Department of Transportation began requiring states to enact universal helmet requirements in order to qualify for highway funds and federal safety programs. However, in 1976, several states managed to have the Department of Tranportation's authority to enact those laws overturned by the U.S. Congress. Since that time, many states have at least partially repealed their helmet laws. (See Reference 1, section "Helmet Use Laws Overview.")
  
  

Types

• As of August 2009, the Insurance Institute for Highway Safety lists three different categories of helmet law in the United States: universal, partial and nonexistent. Twenty-two states have universal helmet laws; 25 have partial laws, and only 3 have nonexistent laws. See list of references for a detailed map.
  
  

Geography

• This guide is applicable to the fifty states in their entirety. Internationally, as of 2009, most other countries have universal helmet laws in place (see Reference 1, section "Q & As: Motorcycle Helmet Use Laws," question 11: Do Other Countries have Motorcycle Helmet Use Laws?).
  
  

Considerations

• Across the country, various cities occasionally enact helmet laws covering their jurisdictions. As of July 2009, the city of Ocean City, Md., was considering a law requiring all scooterists to wear helmets (see Reference 2). As of August 2009, the state of Maryland requires all motorcyclists to wear helmets, but this provision does not apply to scooters 49cc and under (see Reference 3).
  
  While some states do have universal helmet laws, these laws are not specific about what type of helmet is required, other than it having Department of Transportation certification. Half, full-face, and ¾ helmets are available, offering riders a wide range of choices.
  
  

Benefits

• Helmets are proven to protect riders' heads from injury in the event of a crash. Also, jurisdictions with universal helmet laws have statistically shown fewer thefts. According to the Texas Department of Public Safety, thefts declined 44 percent between 1988 and 1990, after their universal helmet law (which also includes scooters) was enacted. Texas authorities reason that thieves reconsider stealing without helmets because they'd stand out and/or be arrested for not wearing helmets. (See Reference 1, section "Q & As: Motorcycle Helmet Use Laws," question 6: What Other Benefits Result from Helmet Use Laws?)