Is It Illegal to Ride a Motorcycle Without a Helmet in Massachusetts?

Yes, riding a motorcycle without a helmet is illegal in Massachusetts for every rider and every passenger, at every age, under M.G.L. c. 90, sec. 7. The only exception in the statute is for a rider who is taking part in a properly permitted public parade and is 18 or older. The operator is also responsible for the passenger: section 7 forbids carrying anyone who is not wearing protective headgear. Section 7 does not set its own fine for a helmet violation, so the general penalty in c. 90, sec. 20 applies, which is a fine of not more than $35 for a first offense. Not wearing a helmet does not, by itself, end an injury claim after a crash someone else caused.

If you were hurt in a motorcycle crash and want to talk through what comes next, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free. This page is general information about Massachusetts law, not legal advice about your situation.

What Section 7 Requires

Massachusetts is a universal helmet law state, meaning the requirement covers every person on the motorcycle, not only young riders or new riders. A rule written around age, the kind some riders remember from travel, does not exist in the Massachusetts statute. Section 7 of chapter 90 places four separate duties on the people riding:

1. The operator wears a helmet. Every person operating a motorcycle “shall wear protective head gear” that meets the minimum standards of construction and performance the Registrar of Motor Vehicles may prescribe.
2. The passenger wears a helmet. The same sentence covers anyone riding as a passenger on the motorcycle or in a sidecar attached to it.
3. The operator does not carry an unhelmeted passenger. The statute puts the passenger’s helmet on the operator as well: no person operating a motorcycle may permit another person to ride as a passenger unless that passenger is wearing protective headgear.
4. The operator wears eye protection if there is no windshield. If the motorcycle is not equipped with a windshield or screen, the operator must wear eye glasses, goggles or a protective face shield.

The same section adds two passenger rules that riders tend to forget. A passenger may ride only on a motorcycle designed to carry more than one person, and no operator may let a passenger ride in front of the operator.

The parade exception, read precisely

The single carve-out reads that no protective headgear is required “if the motorcyclist is participating in a properly permitted public parade and is 18 years of age or older.” Both conditions must be met at once. A charity ride on public roads is not a parade unless it is a properly permitted public parade, and a 17-year-old in a permitted parade still needs a helmet. Outside that situation, there is no exemption for experience, for short trips, for hot weather or for riding on back roads.

What Counts as a Motorcycle

The helmet duty in section 7 attaches to a motorcycle, which c. 90, sec. 1 defines as any motor vehicle having a seat or saddle for the rider and designed to travel on not more than three wheels in contact with the ground. That reaches three-wheeled motorcycles and trikes. The definition then excludes a few things, including a motor vehicle in which the operator and passenger ride within an enclosed cab, and a motorized bicycle, which has its own rules.

Because the categories are defined separately, the right helmet answer depends on what you were riding. The table sets the General Laws side by side.

Vehicle	Statute	Who must wear a helmet	Penalty in the statute
Motorcycle, including a three-wheeler	M.G.L. c. 90, sec. 7	Every operator and passenger, any age (permitted parade exception at 18 or older)	None stated in sec. 7; general fine in sec. 20
Moped (motorized bicycle)	M.G.L. c. 90, sec. 1B	Operator and passenger	Up to $25 first offense
Motorized scooter	M.G.L. c. 90, sec. 1E	Operator, any age	See sec. 1E
Electric bicycle, class 1 or 2	M.G.L. c. 85, sec. 11B	Riders 16 and under	Violation not usable as evidence of contributory negligence
Pedal bicycle	M.G.L. c. 85, sec. 11B	Riders 16 and under	Violation not usable as evidence of contributory negligence
Snow vehicle or recreation vehicle (ATV)	M.G.L. c. 90B, sec. 26(d)	Operators and riders, including a sled or tube towed by one	See c. 90B

Mopeds. A motorized bicycle under c. 90, sec. 1 is a pedal bicycle with a helper motor, or a non-pedal bicycle with a motor, with a cylinder capacity of no more than fifty cubic centimeters, an automatic transmission, and a maximum speed of no more than thirty miles per hour. Section 1B bars anyone under sixteen from operating one, requires a valid driver’s license or learner’s permit, caps operation at twenty-five miles per hour, and requires protective headgear for the operator and any passenger. Its fines are not more than $25 for a first offense, $25 to $50 for a second, and $50 to $100 for later offenses.

Electric bicycles. The same definitions say a motorized bicycle “shall not include an electric bicycle,” which is a bicycle or tricycle with working pedals and a motor of 750 watts or less that meets the class 1 or class 2 description. An e-bike that fits that definition follows the bicycle rule, so the helmet mandate reaches riders 16 and under. The full analysis is in are electric bikes legal in Massachusetts.

Scooters. A motorized scooter rider must wear a helmet at any age under c. 90, sec. 1E. See are electric scooters legal in Massachusetts.

Off-road vehicles. Chapter 90B, sec. 26(d) requires protective headgear for anyone operating or riding on a snow vehicle or recreation vehicle, which reaches dirt bikes and ATVs, and for anyone on a sled or inflated tube being pulled by one. See snowmobile and ATV injury claims in Massachusetts.

What Kind of Helmet Satisfies the Law

Section 7 does not describe the helmet itself. It requires headgear “conforming with such minimum standards of construction and performance as the registrar may prescribe,” which leaves the technical standard to the Registry of Motor Vehicles. Separately, motorcycle helmets sold in the United States for highway use are covered by a federal safety standard, FMVSS No. 218, found at 49 C.F.R. 571.218, and a compliant helmet carries a certification label. A novelty or decorative helmet that is not built to a safety standard is the kind of gear a trooper or an insurer is most likely to question. Before relying on any particular helmet, check its labeling and the current Registry guidance.

The Penalty for Riding Without a Helmet

Section 7 is silent on punishment for the headgear rule, so the general penalty clause in c. 90, sec. 20 fills the gap. That section punishes a violation of any provision of chapter 90 “the punishment for which is not otherwise provided” by a fine of not more than thirty-five dollars for a first offense, not less than thirty-five nor more than seventy-five dollars for a second, and not less than seventy-five nor more than one hundred and fifty dollars for subsequent offenses.

Because the maximum penalty is a fine with no jail, a helmet violation falls within the definition of a civil motor vehicle infraction in M.G.L. c. 90C, sec. 1, an automobile law violation “for which the maximum penalty does not provide for imprisonment.” In practice that means a citation, not an arrest or a criminal record. The money is small. The legal consequences that matter usually arrive later, after a crash.

Answer Capsule

Riding a motorcycle without a helmet is illegal in Massachusetts for every operator and passenger at every age under M.G.L. c. 90, sec. 7, which also bars an operator from carrying an unhelmeted passenger and requires eye protection when the motorcycle has no windshield or screen. The only exception is a rider 18 or older in a properly permitted public parade. Section 7 sets no fine of its own, so the general penalty in c. 90, sec. 20 applies: not more than $35 for a first offense, rising to $150 for repeat offenses, which makes it a civil motor vehicle infraction under c. 90C, sec. 1. After a crash caused by someone else, a missing helmet does not bar recovery by itself under M.G.L. c. 231, sec. 85; it is at most evidence on the injuries it actually contributed to. Mopeds, scooters, e-bikes, bicycles and ATVs each have their own helmet rule. This is general information and not legal advice.

How the Helmet Rule Plays Out After a Crash

Most riders asking whether riding bare-headed is illegal are really asking a second question: if I was hit without a helmet, can I still bring a claim? The short answer is yes, and the reasoning runs through the comparative negligence statute.

A violation is evidence, not a bar. Under M.G.L. c. 231, sec. 85, the violation of a criminal statute, ordinance or regulation by a plaintiff “which contributed to said injury, death or damage” is considered evidence of the plaintiff’s negligence, but it “shall not as a matter of law and for that reason alone, serve to bar a plaintiff from recovery.”

It must have contributed to the harm. A helmet has nothing to do with why a driver turned left across a motorcycle’s path. At most it bears on the extent of a head injury. A missing helmet says nothing about a broken leg, a shoulder injury or road rash, and the insurer that raises it has to connect it to a specific injury. Whether section 85’s reference to a “criminal statute” even reaches a fine-only civil infraction is itself a point worth raising rather than conceding.

Fault is shared, not forfeited. Under the same section, recovery survives as long as the rider’s negligence “was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought,” and damages are reduced in proportion. See comparative negligence and partial fault.

Bicycles get an explicit shield; motorcycles do not. The bicycle statute, c. 85, sec. 11B, states outright that a helmet violation “shall not be used as evidence of contributory negligence in any civil action.” Section 7 contains no such sentence, which is why a motorcycle helmet argument is fought on causation instead.

A rider has no PIP to fall back on. A Massachusetts motorcycle policy does not provide personal injury protection to the rider or a passenger on the motorcycle. In Murphy v. Bohn, 377 Mass. 544 (1979), the Supreme Judicial Court held that the pain and suffering threshold in c. 231, sec. 6D therefore does not limit a Massachusetts motorcyclist’s recovery. The full claim analysis is in Massachusetts motorcycle accident law.

Why the Rule Matters on Massachusetts Roads

Motorcycles are a small share of crashes and a large share of deaths. MassDOT crash records for 2022 through 2024 show 5,623 crashes involving a motorcycle, 175 of them fatal and 4,003 with an injury. Motorcycles were in about 1.4 percent of all Massachusetts crashes and 16.1 percent of the fatal ones. Where those crashes happen, town by town, is set out in where motorcycle accidents happen in Massachusetts, and the statewide picture by town is in the Massachusetts crash report.

What to Do After a Motorcycle Crash

1. Get medical care the same day, even if you were wearing a helmet and feel fine. Head and neck injuries can show up hours later.
2. Keep the helmet. Do not throw it out or let it be discarded at the scene. Its damage is evidence of where the impact landed, and its label shows whether it met a safety standard.
3. Photograph the scene, the motorcycle, the other vehicle, your gear and your injuries before anything is moved, and get the names of witnesses.
4. Get the police report number. In Massachusetts a crash with injury or damage over $1,000 must also be reported to the Registrar within five days under c. 90, sec. 26; see how to report a car accident in Massachusetts.
5. Do not give a recorded statement to the other driver’s insurer before you understand how the helmet question and the fault question will be argued. See recorded statements to an insurance company.
6. Notify your own insurer promptly, including any underinsured or uninsured motorist coverage on your motorcycle policy.
7. Track the deadline. An action for personal injuries must be commenced within three years after the cause of action accrues under c. 260, sec. 2A.

Key terms

• Universal helmet law: a helmet requirement that applies to every motorcycle operator and passenger regardless of age, which is how Massachusetts writes section 7.
• Motorcycle: under M.G.L. c. 90, sec. 1, a motor vehicle with a seat or saddle designed to travel on not more than three wheels, excluding enclosed-cab vehicles and motorized bicycles.
• Motorized bicycle: the statutory term for a moped, with a motor of no more than 50 cubic centimeters, an automatic transmission and a top speed of no more than 30 miles per hour.
• Civil motor vehicle infraction: under c. 90C, sec. 1, an automobile law violation whose maximum penalty does not include imprisonment, handled by citation.
• FMVSS No. 218: the federal motor vehicle safety standard for motorcycle helmets, at 49 C.F.R. 571.218.
• Comparative negligence: the rule in c. 231, sec. 85 that reduces an injured person’s damages by their share of fault and bars recovery only when that share is greater than the defendants’ combined share.

For related rules, see is lane splitting legal in Massachusetts, riding with a motorcycle learner’s permit, Massachusetts bicycle laws and does not wearing a seatbelt hurt a claim. If you were hurt, see motorcycle accident help in Massachusetts.

Frequently Asked Questions

Q: Is it illegal to ride a motorcycle without a helmet in Massachusetts?

A: Yes. M.G.L. c. 90, sec. 7 requires protective headgear for every person operating a motorcycle or riding as a passenger on one or in its sidecar, at every age. The only exception is a rider 18 or older taking part in a properly permitted public parade.

Q: What is the fine for not wearing a motorcycle helmet in Massachusetts?

A: Section 7 does not set its own fine for the headgear rule, so the general penalty in c. 90, sec. 20 applies: not more than $35 for a first offense, $35 to $75 for a second, and $75 to $150 for later offenses. Because there is no jail option, it is a civil motor vehicle infraction under c. 90C, sec. 1.

Q: Do adults over 21 have to wear a helmet in Massachusetts?

A: Yes. Massachusetts has no age-based exemption for motorcycle riders. Summaries that say adults may ride without a helmet are describing other states. The only exception is the permitted parade carve-out, which also requires the rider to be 18 or older.

Q: Can I get a ticket if my passenger is not wearing a helmet?

A: Yes, the statute reaches the operator. Section 7 says no person operating a motorcycle may permit another person to ride as a passenger unless that passenger is wearing protective headgear, so the operator can be cited for an unhelmeted passenger.

Q: Do I need eye protection on a motorcycle in Massachusetts?

A: Only if the motorcycle has no windshield or screen. In that case section 7 requires the operator to wear eye glasses, goggles or a protective face shield.

Q: Do I need a helmet on a moped, scooter or e-bike in Massachusetts?

A: On a moped, yes, for the operator and any passenger under c. 90, sec. 1B. On a motorized scooter, yes, at any age under c. 90, sec. 1E. On a class 1 or class 2 electric bicycle or a pedal bicycle, only riders 16 and under must wear one under c. 85, sec. 11B.

Q: If I was not wearing a helmet, can I still bring an injury claim after a crash?

A: Yes. Under M.G.L. c. 231, sec. 85, a violation that contributed to an injury is evidence of negligence but does not bar recovery as a matter of law and for that reason alone. It can affect only the injuries the missing helmet actually contributed to, and damages are reduced in proportion to fault rather than eliminated.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This article provides general information about Massachusetts law for educational purposes. It is not legal advice for your situation and does not create an attorney-client relationship. For advice about your own case, call Jim Glaser Law at (617) JIM-WINS.

Talking to a Lawyer

The helmet rule is simple to state and easy for an insurer to misuse. If you were hurt on a motorcycle, the questions that decide the claim are who caused the crash, which injuries a helmet could have changed, and what coverage applies when the rider has no PIP. Call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free.