Legal Commentary. Georgia law on requiring motorcycle helmets can be considered strict compared to other states not requiring helmets. All operators and passengers on motorcycles must wear a helmet at all times when the motorcycle is being operated in Georgia, unless the passenger is in a vehicle meeting the definition of a motorcycle with an enclosed cab or motorized cart. The helmets also must meet the Georgia Commissioner of Public Safety’s approved standards for motorcycle helmets.
Included in the Georgia Helmet Law is the requirement that all motorcycles must have either a windshield or the operator and/or passenger must wear Georgia Commissioner of Public Safety approved goggles or eye protective devices. Similar to the Georgia Helmet Law, this also does not apply to a vehicle meeting the definition of a motorcycle with an enclosed cab or motorized cart.
This Georgia statute also grants the authority to the Georgia Commissioner of Public Safety to approve standards for protective headgear and eye protective devices; enforce those standards; and to publish those standards.
We are a law firm that handles serious motor vehicle accident cases, and we provide a free initial confidential consultation to accident injury victims. To set up your free consultation, send the firm a message online or call toll-free at 866-972-5287 or in Atlanta at 770-717-5100. See full text below:Section 40-6-315 Requirement of Approved Headgear; Requirement for Windshield or Approved Eye Protection; Exceptions
(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of public safety.
(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.
(d) The commissioner of public safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish in print or electronically lists of all protective headgear and eye-protective devices by name and type which have been approved.
HISTORY: Ga. L. 1969, p. 732, § 3; Code 1933, § 68A-1306, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1984, p. 1329, § 2; Ga. L. 1990, p. 2048, § 5; Ga. L. 2000, p. 951, § 5A-8; Ga. L. 2005, p. 334, § 18-11/HB 501; Ga. L. 2010, p. 838, § 10/SB 388.