All You Need to Know about New Jersey Bicycle Helmet Law

NJ Bicycle Helmet Law Explained

The New Jersey Bicycle Helmet Law, N.J.S.A. 39:4-10.1 to -10.4, was enacted in an effort to ensure the safety of cyclists, particularly children, on New Jersey roadways. This law requires cyclists under the age of 17 (later amended to include those 14 years of age) to wear an approved, properly fitted helmet while riding a bicycle on public roadways, or while riding off-road, such as on a path or on public land and non-roadway areas . The law applies to all bicycles, including those operated on public land, except when operated in an organized event, or for the purpose of transporting goods and parcels. In rare event circumstances, the law permits a person to be excused from the wearing of a helmet if he or she is physically incapable of doing so. It is, however, critical to understand that this provision is liberally construed, such that a helmet may not be removed on the roadside without police approval or discretion.

Who Is Required to Wear a Helmet?

Bicycle laws in New Jersey mandate that certain individuals wear approved bicycle helmets when riding. The law specifies that those required to comply with this requirement are individuals under the age of 17 who ride a bicycle on public roadways, as well as individuals of any age who operate bicycles with motorized assist under 750 watts, unless they comply with one of the exemptions. Any person of any age who teaches or otherwise supervises minors under the age of 17 must wear an approved bicycle helmet while doing so, regardless of whether they operate a bicycle. Active members of any branch of the Armed Forces of the United States are exempt from the helmet requirement under the law while they do the following: operate a military motorcycle, ride as a passenger on a military motorcycle, or ride a bicycle or motorcycle in conjunction with the performance of their military duties. If an individual meets the definition of any of these categories, he or she is not required by the law to wear a helmet.

Fines for Not Wearing a Helmet

Failure to wear a bicycle helmet while riding a bike as mandated by the New Jersey bicycle helmet law can result in a fine for those who are 14 years of age or older, and a fine for the parent or guardian of those under 14. Failure to wear a helmet can result in a fine of $25 if not wearing it is the first violation and $100 for each subsequent violation. In addition to the fines, the judge has the discretion to require offenders to participate in an educational course or a community service requirement of either a minimum of 10 hours working on the beautification of public spaces or the environment, and/or preaching bicycle safety through speeches or pamphlets. If you or someone that you know has received a violation for failure to wear a bicycle helmet, a court appearance will be necessary to answer the charge. A violation of the New Jersey bicycle helmet law is a non-criminal charge, which means that you don’t have to worry about having a criminal record for failure to wear a helmet while riding a bicycle. However, it is still a serious matter that should not be ignored and that requires prompt attention.

Bicycle Helmet Standards

The number of different brands and styles of bicycle helmets that are available for purchase is truly breathtaking. Unfortunately, so is the number of inferior bicycle helmets on the market. Choosing the correct helmet can mean the difference between life and death.
Wearing an approved "bicycle helmet" is mandatory under New Jersey law for every person under the age of 17 who is riding upon or is riding, as a passenger, upon a bicycle on a public roadway, public bike path or any other property used by the general public for recreational purposes, except for property temporarily designated as a temporary route for a special event and temporarily closed to the general public. Under the regulation, a "bicycle helmet" means a helmet which has been tested and meets the standards established by the Snell Memorial Foundation’s 95 standard, American National Standards Institute (ANSI) /American Society for Testing and Materials (ASTM) F1447 standards or American Society for Testing and Materials F803 standards. Helmets which comply with the adopted standards should carry an appropriate sticker or label certifying such compliance.

Bicycle Helmets and Educational Initiatives

Numerous organizations, schools, and municipal governments throughout New Jersey promote and encourage helmet use in their communities. The New Jersey Bicycle Coalition and local law enforcement agencies routinely implement helmet education programs in local schools, as well as distribute helmets to children in need. For example, the Police Athletic League’s (PAL) Center for Safety & Health Promotion and the New Brunswick Police Department partnered in 2014 for the "helmet pop-up project" at Summer FAN, in New Brunswick . Other local and community organizations also work to ensure that children wear helmets while cycling. In Lakewood and Long Branch, helmets are given to all children who participate in local children’s bike parades. In Phillipsburg, children can have helmets repaired for free and can obtain free helmets at local bike shops participating in the bike helmet voucher program.

Local Community Effects

Local communities across the state have been integrating bicycle helmet safety into their public spaces and educational campaigns. In many municipalities, you will find local legislatures that have adopted ordinances which require zoning applications and permits for bicycle-related facilities to include a plan for educating cyclists and their parents about the law and promote the need for helmets.
One such community is Jersey City. The Department of Traffic and Engineering has a website that educates the public about the types of bike parking options that are available to promote the cycling culture in the city. The website also addresses the importance of bike lane planning and engineering and the education of residents about how to properly use these facilities.
Additionally, the D.T.E. website includes information about the City of Jersey City Police Department’s "Bicycle Safety Education Program", which is designed to increase awareness of traffic laws and promote safe riding practices. The city also promotes the "Make Jersey City Below 25" campaign that actually rewards citizens who help create a safer community regarding speeding and reckless driving.
The Township of West Milford also provides to its residents safety tips regarding bicycle riding. For instance, the Township advises the public that bicycle helmets should be worn at all times and that cyclists must have a working front headlight and rear reflector when riding during the night hours. The Township also encourages parents to teach their children to properly signal and watch for traffic hazards.
The Borough of Caldwell also provides residents with valuable safety tips on bicycle riding, including wearing bright reflective clothing and obeying traffic rules, as well as using a hand signal to indicate a lane change.
It is true that compliance with the law is vital for cyclists to stay safe while they enjoy the numerous benefits of being out on two wheels.

Debate and Controversy

Subsequent to the passage of the bicycle helmet law, there became quite a controversy whether it should be expanded to adults. This occurred when residents from an affluent section of Sussex County, New Jersey, petitioned to have the law expanded throughout the entire state.
Opponents of the bicycle helmet law argued that bicycle riders are moved to wear helmets after having had an accident without one, and that the state should be spending their resources teaching riders the importance of wearing a helmet rather than imposing the law statewide.
Issues relating to whether the New Jersey bicycle helmet law should include adults, and if so, over what age, have been debated at public hearings across the state. At least two proposed bills have been introduced in the state legislature to expand the law, only to be withdrawn based on recommendations from the committee for the bill.
At this point, the question of whether the law will be expanded is unclear. However, one thing seems certain: given the popularity of the law among children, and the undeniable future need for comprehensive bicycle safety programs in New Jersey, most certainly the law is here to stay for many years to come.

Buying the Right Bicycle Helmet

When choosing a bicycle helmet, there are several important factors to consider. From the first time you buy one, to the time you buy a new one, you should consider the following tips:
• Make sure your child’s helmet fits properly. The helmet should sit level on the head, squarely over the forehead, with extra side straps and pads to adjust the helmet fit. Plenty of adjustment pads are included with the purchase of a helmet.
• The helmet should have easy to use chin straps that adjust to fasten in a comfortable yet secure way. After securing the helmet on a child, have them open their mouth wide. This allows tongue movement and helps see if the helmet is too big and if it is sitting in the proper position.
• The helmet should not be tipped back or forward. To ensure the proper placement of the bicycle helmet, parents should fasten and secure the helmet on their child’s head.
• When purchasing a new helmet , check the date inside the helmet. If the helmet is dated 2005 or earlier, it has become obsolete due to the poor construction materials used in the helmets made during that time period. Those helmets were much heavier and less durable than those constructed today. It is important to find out the date and to bring it to the attention of the salesperson prior to making your final decision on your purchase.
Bicycle helmets should be worn properly at all times and each helmet should match the rider. For example, a child should use a helmet appropriate for their age, a mountain biker’s helmet should have visor and a road bike helmet should be very aerodynamic. The manufacturer of the helmet should always be listed on the inside of the helmet. It is important to purchase a helmet that fits right and should be considered a non-negotiable safety item when shopping for bike gear.