The Motorcycle Helmet
G.S. 20-140.4 — helmets with the strap secured, for operators and passengers
In North Carolina, no person may operate a motorcycle or moped on a highway or public vehicular area unless the operator and all passengers wear safety helmets that comply with Federal Motor Vehicle Safety Standard (FMVSS) 218, with a retention strap properly secured.
An infraction, and not negligence per se. A violation is an infraction with a penalty of twenty-five dollars and fifty cents ($25.50) plus court costs, and it is not negligence per se or contributory negligence per se in a civil action.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe strap is optional | What the law actually doesThe retention strap has to be properly secured |
| The assumptionThe operator is not responsible for passengers | What the law actually doesThe operator may not ride unless all passengers wear helmets |
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 North Carolina attorney.
Sources for this section (1)
- G.S. 20-140.4 — Special provisions for motorcycles and mopeds
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.