Do You Have To Wear A Motorcycle Helmet In Virginia?

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When dealing with a motorcycle, you have to ride the vehicle with care and safety. You can only do so much with your driving skills.

Even with your utmost care, there is always the chance of an accident. Helmets prepare you for this accident, ensuring you survive without taking too brutal injuries.

Many people have no idea when it comes to the motorcycle helmets laws. This forces many people to ask, “Do you have to wear a motorcycle helmet in Virginia?”. Let me walk thorough!

Everyone on a motorcycle has to wear a motorcycle helmet while riding. Even passengers need to be wearing one while riding on a motorcycle. The law has made this very clear.

While the laws may not be widely appreciated, they are still the laws the state has set. That said, I will fill you in on all the other rules you may not have known before. This makes it integral for you to read this article in its entirety.

Motorcycle Helmet Laws And Rules In Virginia

How old do we have to be to not wear a motorcycle helmet in Virginia? Let's find out

Universal helmet laws were implemented in the United States back in the 1960s. While many people do not agree with them, they can do little to break these rules.

These types of helmet laws are present in the state of Virginia. You must have a motorcycle helmet equipped every time you drive a motorcycle.

This is a set law and must be followed by all people who drive a motorcycle. Not just motorcycles but any vehicle under this set of laws must wear a helmet in Virginia.

You can be an old man or a young adult, a helmet is an essential piece of equipment, and you need to wear it while you ride on your motorcycle, as per the rules.

The passengers are also forced to do so. While it is a bit odd that passengers must also wear a helmet, it is for their benefit.

Many states that promote universal helmet laws, also offer little to no exceptions to these laws. Luckily, there are a few if you are living in the state of Virginia.

The first one starts with the diameter of the wheels. If your motorcycle has wheels that are less or equal to 8 inches, you do not need to have a helmet while riding your motorcycle.

The next exception is a little more situational. You have to be part of a parade and this parade must be traveling at around 15 miles per hour or lower.

Additionally, this parade must be an authorized parade approved by the Department of Transportation. Alternatively, you can get this authorization from local authorities.

Finally, if your motorcycle or autocycle has three wheels, a windshield, a non-removable roof, or an enclosed body, you do not have to wear a motorcycle helmet.

Apart from all of these exceptions, you need to make sure you have a helmet. Even if you fall into the category of these exceptions, you should take the safer option and opt to wear your helmet.

Motorcycle Helmet Requirements In VA

The helmet requirements in the state of Virginia are quite easy to follow.

All you need to do is ensure that the Department has approved your helmet of Transport. This means that the helmets need to follow strict specifications.

They must not have any major protrusions, be in a specific weight range, have a DOT-Approved sticker, and follow a whole array of other specifications. This will help with your safety and keep you on the law’s good side.

Penalties/Legal Consequences

The state of Virginia cuts straight to the chase and does not hold back. You need to keep your helmet on while driving your motorcycle; otherwise, you will be pulled over by local law enforcement.

If you cannot follow the rules set by the state regarding motorcycle helmets, you will be committing a class 4 misdemeanor.

This can result in you getting a massive fine. At most, this fine will go up to $250 and will not cross it. Many other states would use the laws to their advantage, and prey on the people caught not wearing their helmets.

This is done by pressing charges of negligence in case they are wrapped up in an accident. Usually, they will claim that it was the driver’s fault for their injuries as they did not have a helmet on them.

While I would usually tell you to lawyer up at this point, it is good to know that the state of Virginia has laws against this from happening.

You could get into an accident and not be wearing any form of protection; helmets, glasses, face shields, and goggles, and it would not count towards negligence.

Should You Buy Non-Approved Helmets In The State Of Virginia?

If you are buying a motorcycle helmet in Virginia, you need to be able to guarantee that your helmet is DOT approved. I have already discussed all of this in great detail.

You also need to know that the sale of unregulated or unapproved helmets in the state of Virginia is a crime. While it is not a crime to purchase these helmets, it is a crime to sell them.

As a user of a motorcycle helmet, you should not worry about this. Your job is to ensure that the helmet you wear is up to the state’s requirements. In the end, you should only buy approved helmets.

While it is completely legal to buy and own non-approved helmets, you will not be able to wear them on the road without getting fined. This is great for private use or if you just want to have a motorcycle helmet collection.

Get In Touch With Experienced Motorcycle Attorneys In Virginia

Not being negligent for not having a helmet is good as it won’t affect your motorcycle accident case. What will affect it is the type of lawyer you hire.

Here are a few amazing law firms that I just have to recommend below:

1. Law Tigers Motorcycle Injury Lawyers – Norfolk

Law tigers is one of the biggest multi-state law firms in the United States. You must have heard about their exploits in another state, even if you are not from Virginia.

They handle motorcycle accident cases with utmost care and respect. They make sure to put the clients’ convenience and requirements first and foremost. This makes them a very respectable law firm.

Phone Number: 1-888-863-7216

2. Skolrood Law Firm

These talented lawyers have more than 30 years of experience when comes to motorcycle accident cases. With this amount of experience, they know the ins and outs of the law set by the state of Virginia.

Not only do they offer great services, but they also offer a lot of conveniences, coming to you if you cannot. This speaks volumes about their character and services.

Phone Number: (800) 477-5480

3. Price Benowitz Accident Injury Lawyers, LLP

The talented people at Price Benowitz Accident Injury Lawyers will give you the best legal defense they can. Their team is well versed in all the rules and laws related to motorcycle accidents.

They will do their best to ensure you get the best outcome possible and provide you with the best defenses to liability.

Phone Number: (202) 915-7484

Frequently Asked Questions

Q1. Is It Ok To Wear An Open Face Helmet In Virginia?

Open-face helmets are allowed as long as you make sure they follow the eye protection laws and helmet standards. So long as you do so, they should be okay to wear.

Q2. How Much Is The Fine For Not Wearing A Motorcycle Helmet In Virginia?

The fine for not having a motorcycle helmet on while driving is set at $250. You should try to avoid going out without a helmet whenever possible.

Q3. When Did Motorcycle Helmet Become Law In Virginia?

All universal helmet laws were implemented back in 1968. Some states decided to change the rules down the line, but Virginia did not and had been using the same rules since, with minimal changes.

Q4. Should Passengers Wear A Helmet In Virginia?

The helmet laws in Virginia are universal. This means that even passengers need to wear a helmet. Failure to do so will result in you getting pulled over and fined.

Q5. Are Moped Drivers Required To Wear A Helmet In Virginia?

Since mopeds have not been mentioned above, it can be inferred that they also have to follow the laws set for motorcycle helmets. Unless your moped follows the exceptions rules above, you and any passengers must wear helmets.


The helmet laws in Virginia are heavily enforced. While they may be a bit harsh, they are easy to understand and simple to learn.

This is enough to make questions like “Do you have to wear a motorcycle helmet in Virginia?” redundant. Now that you have read this article, you should have no problem following all the smaller and easier-to-forget rules either.

This should enable a smooth driving experience on your motorcycle and prevent you from getting pulled over and fined by the police. Make sure to take care of your helmet type and eye protection laws.

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