Wearing a properly fitted and designed safety helmet is one of the simplest and most effective ways to protect yourself from avoidable injuries while operating or riding as a passenger on a motorcycle. In recognition of this, many states have passed laws requiring people who ride on public roads to wear specific types of helmets, with violations being punishable by civil fines and potentially other sanctions as well.
That said, Arizona is one of many states which has a motorcycle helmet requirement enshrined in state law but does not apply that law equally to every single motorcycle rider. Here is a brief overview of Tempe motorcycle helmet laws as of 2024, as well as of the potential impact that a failure to wear a helmet may have on your ability to sue over a motorcycle crash with or without the help of a motorcycle injury lawyer from Phillips Law Group.
When Are Motorcycle Helmets Required by Law?
According to Arizona Revised Statutes §28-964, all operators and passengers under the age of 18 must wear protective helmets while on motorcycles, motor-driven cycles, and all-terrain vehicles. Riders with learner’s permits or driver’s licenses who are between 16 and 18 years of age can be issued citations directly for violating this rule. If someone under 16 rides a motorcycle without a safety helmet safely secured on their head, any person over 18 who is operating the motorcycle in question or who is in the same group or party as the law-breaking minor will be issued a citation in their stead.
Outside of that scenario, though, this statute does not apply to riders over the age of 18 regardless of their experience level, nor does it apply to anyone of any age riding the following types of vehicles under the following circumstances:
- Any three-wheeled vehicle with an enclosed cab
- Any three-wheeled vehicle which is electrically powered
- Any motorcycle or similar machine being used as an agricultural or farm vehicle if its rider(s) is engaged in agricultural work at the time
- An all-terrain vehicle specifically meeting the defining criteria established in R.S. §28-101(3)(b)
Violations of Tempe’s motorcycle helmet laws are punishable by a $100 civil fine or, if the offender is between 16 and 18 years old, mandatory community service.
Other Legal Requirements for Tempe Motorcycle Riders
Regardless of their age or experience level, all operators and passengers on motorcycles, motor-driven cycles, and all-terrain vehicles are required to wear some form of eye protection at all times while riding. This requirement is most easily met by a visor attached to a motorcycle safety helmet, but alternative options like face shields, goggles, glasses, and windshields attached to the motorcycle itself can fulfill this requirement so long as they are made of transparent shatterproof material.
It is worth mentioning as well that the same section of state law that establishes motorcycle helmet and eye protection requirements for Tempe riders also requires that all motorcycles and similar vehicles be equipped with rearview mirrors as well as separate seats and footrests for both the operator and, if applicable, their passenger. Anyone who rides a machine that does not meet these requirements can be fined or required to complete community service just like they would be if they were not wearing eye protection or a helmet.
A Tempe Attorney Can Answer Questions About Motorcycle Helmet Laws
Failing to comply with Tempe motorcycle helmet laws can potentially have a much bigger effect on your life than just a minor fine. On top of the increased risk you face of sustaining a debilitating head or neck injury, not wearing a helmet could be seen by a court as a form of comparative negligence on your part, which could lead to that court holding you partially at fault for your own crash-related losses and reducing your available compensation as a result.
If you have questions about exactly how these laws may apply to you or how best to go about suing over a motorcycle wreck you did not cause, Phillips Law Group is here to help. Call today to speak with a member of our team about your unique circumstances.
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