Tennessee Code Annotated
Tenn. Code Ann. § 55-9-302 (2026)
Crash helmet required for driver and passenger - Exceptions
✓ current as of May 2026
- (a) The driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title, or motorscooter, and any passenger on any of these, shall be required to wear either a crash helmet meeting federal standards contained in 49 CFR 571.218, or, if the driver or passenger is twenty-one (21) years of age or older, a helmet meeting the following requirements:
- (1) Except as provided in subdivisions (a)(2)-(4), the helmet shall meet federal motor vehicle safety standards specified in 49 CFR 571.218;
- (2) Notwithstanding any provision in 49 CFR 571.218 relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (11/2") in diameter;
- (3) Notwithstanding any provision in 49 CFR 571.218, the protective surface shall not be required to be a continuous contour; and
- (4) Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that the helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation.
- (b) This section does not apply to persons riding:
- (1) Within an enclosed cab;
- (2) Autocycles, as defined in § 55-1-103, that are fully enclosed;
- (3) Golf carts;
- (4) In a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years of age or older; or
- (5) In a funeral procession, memorial ride under a police escort, or body escort detail; provided, that:
- (A) The driver travels at a speed not to exceed thirty (30) miles per hour;
- (B) The driver or passenger is twenty-one (21) years of age or older; and
- (C) The funeral procession, memorial ride, or body escort detail does not exceed a distance of fifty (50) miles.
Amended by 2023 Tenn. Acts, ch. 100, s 6, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 1015, s 18, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 492, s 1, eff. 7/1/2015.
Acts 1967, ch. 45, § 2 (T.C.A. (supp.), § 50-944); Acts 1976, ch. 758, § 2; 1979, ch. 247, § 10; T.C.A., § 59-934; Acts 2000, ch. 606, § 3; 2005, ch. 430, § 1; 2005, ch. 459, § 1; 2006, ch. 535, § 1.
Notes of Decisions
Cited in 4
cases, 1980–2018 · leading case: State v. Vaughn, 29 S.W.3d 33 (Tenn. Crim. App. 1998).
State v. Vaughn, 29 S.W.3d 33 (Tenn. Crim. App. 1998). “Cunningham were convicted by a Putnam County jury of violation of Tenn.Code Ann. § 55-9-302, the “motorcycle helmet law.”
Brown ex rel. Brown v. Smith, 604 S.W.2d 56 (Tenn. Ct. App. 1980). “At the time of the accident neither the driver nor the minor plaintiff was wearing a crash helmet as required by T.C.A. 55-9-302, formerly T.C.A. 59-934. The driver, Richard Brown, was a fourteen year old resident of Chicago, Illinois, who was not a licensed operator pursuant to…”
State of Tennessee v. Deandre Bonds aka Israel El-Elyon (Tenn. Crim. App. 2018). “” 2 See Tenn. Code Ann. § 55-9-302 . -2- During the struggle, Officers Tukes and Garrett arrived.”
State v. Brown (Tenn. Crim. App. 1998). “A mistrial occurred in December 1996. After a jury trial on January 22, 1997, the appellant was convicted on all three charges.”
— Tenn. Code Ann. § 55-9-302(a) — 1 case
State v. Vaughn, 29 S.W.3d 33 (Tenn. Crim. App. 1998). “Cunningham were convicted by a Putnam County jury of violation of Tenn.Code Ann. § 55-9-302, the “motorcycle helmet law.”
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