Nebraska’s motorcycle helmet law repealed

Measure goes into effect on Jan. 1, 2024

For 34 years, helmets have been required on motorcycle riders in Nebraska.

However, at the start of 2024 helmets will no longer be required while riding motorcycles on Nebraska roads.

The Nebraska Legislature passed Legislative Bill 138 on a 41-0 vote May 31, sending it to Gov. Jim Pillen’s desk for his signature, which he did sign the next day. 

The repeal of the state’s motorcycle helmet mandate was attached to LB 138 as an amendment.

The helmet amendment allows any motorcyclist or passenger 21 and older who has completed a basic certification course by the Motorcycle Safety Foundation to ride without a helmet, starting on Jan. 1, 2024.

Riders under 21 will still be required to wear helmets.

Riders from other states could also ride without a helmet in Nebraska if they have taken an equivalent course and carry proof of completion. The bill requires riders and passengers to wear protective glasses or have a windshield on their bikes.

The amendment makes helmet law violations secondary offenses, meaning that law enforcement could only ticket riders for violations if they are stopped for some other traffic offense.

A repeal of Nebraska’s motorcycle helmet law has been attempted for years without success. 

Members of American Bikers Aiming Toward Education of Nebraska, or ABATE, have been active in working to repeal the law.

Brad Dinnel of Enders, Nebraska ABATE representative for District 12, which covers southwest Nebraska, said it’s been a long time coming.

“It’s what we’ve been fighting for. It’s been a long fight,” he said.

He believes the issue comes down to freedom of choice, noting that riders 21 and older can continue to wear a helmet if they want. He believes there will continue to be a high percentage of riders who will continue to wear helmets by their choice.

He provided an official ABATE statement on the issue: “ABATE of Nebraska, Inc., does not advocate that you ride without a helmet, but we feel that as a responsible adult, you should have the right to decide whether or not to wear one.”

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