Yes, Maryland requires motorcycle helmets for everyone. Every operator and every passenger must wear protective headgear that meets the required safety standard, whatever their age or experience (Maryland Transportation Article § 21-1306). The same section requires eye protection unless the motorcycle has a windscreen.
Maryland is stricter than some neighbors. Riders who cross into Pennsylvania or Delaware will find narrower rules for adults there, but once you are back on a Maryland road the Maryland rule applies.
If you were hurt in a crash, with or without a helmet, our page on Maryland motorcycle accident claims explains how those claims work.
Who must wear a helmet in Maryland
- Every operator, regardless of age, license class or years of riding
- Every passenger, including adult passengers
- Riders from out of state while they are riding in Maryland
There is no age cutoff and no exemption for completing a safety course. That is the main difference from states with partial helmet laws, where adult riders can go without a helmet if they meet certain conditions.
What counts as an approved helmet
Maryland requires headgear that meets the federal motorcycle helmet safety standard, known as FMVSS 218. A compliant helmet carries a DOT certification label on the back of the shell. In practice:
- Full-face, modular and three-quarter helmets sold by mainstream manufacturers are generally built to the standard. Check the label and the manufacturer’s certification.
- Novelty helmets, the thin shells sold as “not for highway use,” do not meet the standard and do not satisfy the law, even with an aftermarket DOT sticker.
- Damaged helmets should be replaced. A helmet that has taken a hard impact may not protect you the same way again.
Eye protection: when a windscreen is enough
A Maryland rider must wear approved eye protection, such as goggles, a face shield or suitable glasses, unless the motorcycle is equipped with a windscreen. A full-face helmet with its visor down covers the requirement for most riders.
Regular sunglasses may not count, and a small fairing may not count as a windscreen. If you rely on either, check that it meets the standard.
Mopeds and motor scooters
The helmet requirement is not limited to full-size motorcycles. Maryland also requires moped and motor scooter operators to wear a helmet and eye protection. Riders of small scooters are some of the most likely to skip the helmet, and some of the most exposed when a driver pulls out in front of them.
What happens if you ride without a helmet
Riding without required headgear is a traffic violation that can bring a citation and a fine. The larger consequence is physical. Head injuries are among the most serious injuries riders suffer, and a helmet is the gear designed to protect against them. Our page on brain injury claims covers what those injuries mean for a family.
Does not wearing a helmet affect an injury claim?
Where a rider was not wearing one, an insurer will use it, and the argument has a limit worth knowing: it goes to the injuries a helmet would have affected, not to who caused the crash. It does not turn a driver’s left turn across your path into your fault.
A broken wrist or a crushed leg has nothing to do with a helmet. A head injury may be argued differently. How far that argument reaches in your case depends on the injuries you actually sustained, and it is a question to put to us rather than to assume the worst about.
If you were wearing a helmet, keep it exactly as it is after the crash. The damage to the shell is evidence of how hard and where you were hit. If a helmet failed in a way it should not have, the manufacturer may be responsible as well; see product liability claims.
Common questions
Is there an age exception to Maryland’s helmet law?
No. Maryland’s requirement applies to every operator and passenger at any age. There is no exemption for experienced riders or for completing a safety course.
Are novelty helmets legal in Maryland?
No. A helmet has to meet the federal motorcycle helmet standard. Novelty shells sold as not for highway use do not meet it, whatever sticker is on the back.
Do I need goggles if my motorcycle has a windshield?
A windscreen satisfies Maryland’s eye protection requirement. Without one, you need approved eye protection, such as goggles or a face shield.
I was not wearing a helmet when a driver hit me. Can I still recover?
You may. The helmet argument goes to the injuries a helmet would have affected, not to who caused the crash. Injuries to your body, arms and legs are a separate question, and the driver’s fault in causing the crash does not change.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information about Maryland law, not legal advice about your situation.
