Massachusetts Bicycle Helmet Law
The Amendment in 2004, followed by the original
Chapter 330 of the Acts of 2004
AN ACT RELATIVE TO THE USE OF SAFETY HELMETS FOR PERSONS 16 YEARS OF AGE AND UNDER WHILE OPERATING OR RIDING AS A PASSENGER ON BICYCLES, IN-LINE SKATES, SCOOTERS AND SKATEBOARDS.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 11B of chapter 85 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 31, the word "twelve" and inserting in place thereof the following figure:- 16.
SECTION 2. Said chapter 85 is hereby further amended by inserting after section 11B the following section:-
Section 11B 1/2. Any person 16 years of age or younger operating in line skates, a skate board, a scooter or other manually-propelled wheeled vehicle or riding as a passenger on any such manually-propelled vehicle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Such helmet shall fit the person's head and be secured by straps at all times while operating in line skates, scooters, skate board or other manually-propelled wheeled vehicle and shall meet the standards for helmets established by the American National Standards Institute (ANSI Z 90.4) or subsequent standards or the Snell Memorial Foundation's 1984 standard for use in bicycling or subsequent standards. A violation of this section shall not be used as evidence of contributory negligence in a civil action.
A city or town shall not adopt any by-laws or ordinances to change the standards required by this section.
SECTION 3. Section 11D of said chapter 85, as appearing in the 2002 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Every person engaged in the retail business of selling or renting bicycles, in line skates, scooters, skate boards or other manually-propelled wheeled vehicles shall display in an area conspicuous to customers of the business a sign containing the following statement: Massachusetts law requires that a bicycle helmet be worn by a person 16 years of age or under who is riding as an operator or passenger on a bicycle, in line skates, a scooter, or a skate board.
Approved August 27, 2004.
And here is the original:
THE COMMONWEALTH OF MASSACHUSETTS
In the Year 1993 An Act
REQUIRING THE USE OF HELMETS
FOR BICYCLE RIDERS AND THEIR
PASSENGERS
Be in enacted ... as follows:
SECTION 1. The second paragraph of section 11B of Chapter 85 of the
General laws, as appearing in the 1992 Official Edition, is hereby
amended by striking out clause (2) and inserting in place thereof the
following clause:
(2) (i) The operator shall ride only upon or astride a permanent and
regular seat attached to the bicycle; a passenger shall ride only upon
or astride a permanent and regular seat attached to the bicycle or to a
trailer towed by the bicycle.
(ii) The operator shall not transport another person between the ages
of one to four years, or weighing forty pounds or less, on a bicycle,
except in a "baby seat," so-called, attached to the bicycle in which
such other person shall be able to sit upright; provided, however, that
such seat is equipped with a harness to hold such other person securely
in the seat and that protection is provided against the feet or hands of
such person hitting the spokes of the wheel of the bicycle; or upon or
astride a seat of a tandem bicycle equipped so that the other person can
comfortably reach the handlebars and pedals. The operator shall not
transport any person under the age of one year on said bicycle.
(iii) Any person 12 years of age or younger operating a bicycle or
being carried as a passenger on a bicycle on a public way, bicycle path
or on any other public right-of-way shall wear a helmet. Said helmet
shall fit the person's head, shall be secured to the person's head by
straps while the bicycle is being operated, and shall meet the standards
for helmets established by the American National Standards Institute
(ANSI Z 90.4) or subsequent standards or the Snell Memorial Foundations
nineteen hundred and eighty-four standard for use in bicycling or
subsequent standards. These requirements shall not apply to a passenger
if the passenger is in an enclosed trailer or other device which
adequately holds the passenger in place and protects the passenger's
head from impact in an accident.
(iv) A violation of clause (ii) or (iii) shall not be used as
evidence of contributory negligence in any civil action.
SECTION 2. Said section AAB of said Chapter 85, as so appearing, is
hereby further amended by inserting after the word "section," in line
89, the following words: - except violations of subclause (iii) of
clause (2).
SECTION 3. Section 11D of said Chapter 85, as so appearing, is
hereby amended by striking out, in lines 4 and 5, the words " 'It is
hereby recommended that a bicycle helmet be worn while riding a bicycle'
" and inserting in place thereof the following words: - "Massachusetts
law requires that a bicycle helmet be worn by persons twelve years of
age and under who are operators or passengers on a bicycle."
By posting such a sign, such retail business shall be deemed to be in
full compliance with this act, and no liability shall be incurred in the
event that said helmet is not worn.
SECTION 4. The commonwealth shall notify any retail business affected
by section three of this act of its responsibility to post the sign
required by said section three. Such notification shall be given
immediately upon the effective date of this act.
passed to be enacted, House of Representatives and Senate, both Nov. 29, 1993.
signed Dec. 8, 1993, by William F. Weld, governor.
Effective date March 8, 1994.
This page was last revised on: September 26, 2004.
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