Is There A Motorcycle And Helmet Law For Riders And Passengers In Arizona?

Section 28-964 of the Arizona Revised Statutes defines motorcycle and helmet laws for motorcycle riders and passengers in the state of Arizona. However, these laws only apply to people who are under the age of 18 years. An operator or passenger who is “under eighteen years of age shall wear at all times a protective helmet on the operator’s or passenger’s head in an appropriate manner,” as defined under the law. Full text of this law includes other safety equipment requirements for motorcycle users in the state of Arizona.

Any motorcycle rider or operator over 18 years of age isn’t required to wear a helmet under Arizona law. However, it does not discourage them to wear a safety helmet because it is always a good idea to wear one to avoid injuries in case of an accident. Wearing a helmet or other protective gear will not only protect your health, but it can also protect your legal rights when the need arises.

When a motorcycle rider or passenger under the age of 18 years is injured as a result of violating Arizona’s helmet law, the state’s “pure comparative fault” rule kicks in. As per this rule, the damages that might be awarded to the injured person from the at-fault driver will be decreased as the injured motorist or passenger was in violation of the law. This is referred to as shared negligence under Arizona’s law.

If the injured motorcycle rider or passenger was over the age of 18 years, they can still be held liable for failing to wear a helmet, even though they are not required to wear one by law. They may be held partially negligent for not wearing a helmet, irrespective of what the law says. However, the only assurance in this case is that the fault percentage assigned to the injured person will be much lower for a rider over 18 years not wearing a helmet, as compared to a minor rider or passenger who violated the law by not wearing a helmet or protective gear and was injured.

A.R.S. 28-964 explains the rules and regulations for all-terrain vehicles, motor driven cycles, equipment, exceptions and prohibitions in 3 sections:

1. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator’s or passenger’s head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab.
2. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator. A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat, footrests and handrails for the passenger.
3. A person shall not operate a motorcycle, all-terrain vehicle or motor driven cycle equipped with handlebars that are positioned so that the hands of the operator are above the operator’s shoulder height when the operator is sitting astride the seat and the operator’s hands are on the handlebar grips.

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