Helmet & Bicycle Law FAQs

Who is required to wear protective headgear?

Oregon Revised Statutes 814.485 Failure to wear protective headgear states:

(1) A person commits the offense of failure of a bicycle operator or rider to wear protective headgear if the person is under 16 years of age, operates or rides on a bicycle on a highway or premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052.

(2) The offense described in this section, failure of a bicycle operator or rider to wear protective headgear, is a traffic infraction punishable by a maximum fine of $72.00.
 

Can citations be issued to parents, guardians, or persons with legal responsibilty for the safety and welfare of children who are in violation of the requirements to wear protective headgear?

(1) If a child in violation of ORS 814.485 is 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of ORS 814.486, rather than to the child for violation of ORS 814.485.

(2) If a child in violation of ORS 814.485 to 814.486 is at least 12 years of age and is under 16 years of age, a citation may be issued to the child for violation of ORS 814.485 or to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation ORS 814.486, but not to both.
 

What are the requirements for non-motorized vehicles other than bicycles such as a skateboarder, scooter rider or in-line skater to wear protective headgear?

Per ORS 814.600 (1) A person commits the offense of failure of a skateboarder, scooter rider or in-line skater to wear protective headgear if the person is under 16 years of age, rides on a skateboard or scooter or uses in-line skates on a highway or on premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052.

(2) The offense described in this section, failure of a skateboarder, scooter rider or in-line skater to wear protective headgear, is a traffic violation punishable by a maximum fine of $25. [2003 c.106 §1]