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The Motorcycle Helmet

Transp. § 21-1306 — headgear for every operator and rider

In Maryland, an individual may not operate or ride on a motorcycle unless wearing protective headgear that meets the Administrator's standards, and an operator must wear an approved eye-protective device unless the motorcycle has a windscreen.

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Not evidence of negligence. Failing to wear the required headgear may not be considered evidence of negligence or contributory negligence, may not limit the liability of a party or an insurer, and may not diminish recovery for damages arising out of the operation of a motorcycle.

The assumptionWhat the law actually does
The assumptionA crash without a helmet means a smaller recoveryWhat the law actually doesNot wearing one may not diminish recovery or be treated as negligence
The assumptionAdults can chooseWhat the law actually doesEvery operator and rider, outside an enclosed cab

Licensing, endorsement and equipment rules for motorcycles, and the separate rules for mopeds and electric bicycles, are not on this page. Whether a particular helmet meets the standard, or an exception applies to a particular rider, is a question for a licensed Maryland attorney.

Sources for this section (1)
  1. Md. Code, Transp. § 21-1306 — Motorcycles: protective headgear and eye protection

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.

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