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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.

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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 assumptionWhat the law actually does
The assumptionThe strap is optionalWhat the law actually doesThe retention strap has to be properly secured
The assumptionThe operator is not responsible for passengersWhat 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)
  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.

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