Latest / BSPE Legal Marketing Podcast / What Does M.G.L. c. 90, § 7 Require for Motorcycle Helmets in Massachusetts? - Colucci, Colucci & Marcus, P.C.

Transcript

What Does M.G.L. c. 90, § 7 Require for Motorcycle Helmets in Massachusetts? - Colucci, Colucci & Marcus, P.C. · BSPE Legal Marketing Podcast

• 0:00
  What Does M.G.L. c. 90, § 7 Require for Motorcycle Helmets in Massachusetts?
• 0:05
  Every time a motorcycle rider hits the road in Massachusetts, state law is watching closely to make sure their head is properly protected.
• 0:12
  Under M.G.L. c. 90, § 7, which has been part of Massachusetts law since 1967, both motorcycle operators and their passengers must wear protective headgear that meets standards set by the Registrar of Motor Vehicles.
• 0:26
  Narrator: The law contains only one exception: a motorcyclist who is 18 or older may ride without a helmet if they are participating in a properly permitted public parade.
• 0:36
  Narrator: The helmet requirement applies universally to operators, passengers, and even riders seated in a sidecar, and an operator who allows a passenger to ride without compliant headgear is also in violation.
• 0:47
  Narrator: Visitors from other states, riders with out-of-state registrations, and learner's permit holders are all subject to Massachusetts helmet rules while riding within the state.
• 0:57
  Narrator: Beyond the helmet itself, the law also requires that operators wear eyeglasses, goggles, or a protective face shield if the motorcycle lacks a windshield or screen.
• 1:06
  Narrator: To be legally compliant, a helmet must meet or exceed FMVSS No. 218, the federal standard covering impact attenuation, penetration resistance, retention system performance, and peripheral vision, and it must be worn with a proper retaining device.
• 1:22
  Narrator: A certified helmet carries a manufacturer's label on its outer surface, though counterfeit DOT labels exist, meaning the appearance of a DOT mark alone is not conclusive proof that a helmet actually meets the standard.
• 1:34
  Narrator: So-called novelty helmets may look like motorcycle helmets but fail FMVSS No. 218, and warning signs include a thin or missing inner liner, a flimsy chin strap, rigid decorative projections, or questionable certification labeling.
• 1:50
  Narrator: If a rider is cited for a helmet violation, Massachusetts treats it as a civil motor vehicle infraction with a first-offense assessment of $35, rising to $75 for a second and $150 for a third, plus a $5 public safety surcharge.
• 2:05
  Narrator: A rider has 20 days from the citation date to pay the scheduled assessment or request a noncriminal hearing, with a $25 filing fee and the option to appeal a magistrate's decision to a judge for $50.
• 2:17
  Narrator: Paying a civil assessment serves as a final disposition of that violation, and under M.G.L. c. 90C, § 3, the payment cannot be used as an admission of negligence in a separate civil case.
• 2:29
  Narrator: When a crash occurs, helmet use can become a significant factor in an injury claim, particularly when an insurer argues that the absence or inadequacy of headgear contributed to the cause or extent of a head or brain injury.
• 2:41
  Narrator: A skilled motorcycle accident attorney can investigate the crash, gather evidence, and push back against insurer arguments about fault, injury causation, and damages when a helmet citation follows an accident.
• 2:52
  Narrator: The law firm of Colucci, Colucci & Marcus, P.C. has represented injured riders in Massachusetts motorcycle accident and personal injury claims, responding to insurer disputes about fault and helmet use with thorough legal advocacy.
• 3:06
  Narrator: If you were hurt in a motorcycle crash and have questions about how Massachusetts helmet law may affect your claim, a lawyer at this firm can walk you through your options and help you understand the evidence that matters.
• 3:17
  Narrator: Call Colucci, Colucci & Marcus, P.C. at 617, 958, 3807, located at 31 Milk St 4th Floor, Boston, MA 02109, United States, to schedule a consultation about your crash, your injuries, and any helmet-related issue affecting your claim.