Georgia Moped Helmet Law (O.C.G.A. § 40-6-352)

Legal Commentary . This Georgia statute outlines the requirements for helmets for operators and passengers on mopeds in the State of Georgia. Helmets for Georgia's moped operators and passengers are required to be approved by the Georgia commissioner of public safety. Subsection (a) of this Georgia statute grants the Georgia commissioner with the ability to establish the standard and requires that the commissioner consider three things when establishing the standard: size, speed and operational characteristics of mopeds. This subsection distinguishes between helmets for mopeds, electric assisted bicycles and motorcycles. Unlike for a motorcycle, the standards are lower for a moped likely due to the speed difference between the two. This Georgia moped helmet law does permit a moped operator or passenger to wear a motorcycle approved helmet and for that to comply with the commissioner's helmet requirements for a moped.

Subsection (a) also covers the helmet required for an electric bicycle operator. Unlike moped operators or passengers complying with the moped helmet law by wearing a motorcycle helmet, this law requires an electric bicycle operator in Georgia to wear a helmet meeting the standards of either of two standards mentioned in last sentence of this subsection.

This Georgia moped helmet law's subsection (b) gives the commissioner authorization to approve or disapprove the helmets of moped operators and to issue regulations establishing standards and specifications for the operator's helmet. Moped operators can find the approved helmets, by name and type, for moped operators on a list published in print by the commissioner.

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Section 40-6-352 Requirement of approved protective headgear for drivers and passengers

(a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet.

(b) The commissioner of public safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish in print or electronically lists by name and type of all protective headgear which have been approved by him or her.

HISTORY: Code 1933, § 68A-1112, enacted by Ga. L. 1978, p. 2241, § 5; Ga. L. 1990, p. 2048, § 5; Ga. L. 1996, p. 236, § 4; Ga. L. 2000, p. 951, § 5A-10; Ga. L. 2005, p. 334, § 18-14/HB 501; Ga. L. 2010, p. 838, § 10/SB 388.