Nebraska lawmakers pass repeal of motorcycle helmet mandate

Soon, motorcycle riders in Nebraska will no longer be required to wear a helmet while they’re on the road. 

The Legislature passed LB38 in a 41-0 vote Wednesday, sending it to Gov. Jim Pillen’s desk for his signature. Under an amendment added to the bill last week, the legislation includes a repeal of the state’s motorcycle helmet mandate. 

Lawmakers also passed LB298 in a 44-0 vote Wednesday. Initially introduced as a measure to require school districts report information on dyslexia to the state Department of Education, an amendment added to that bill also will require districts to adopt a written dress code and grooming policy. 

The helmet amendment to LB138 would allow any motorcyclist or passenger over age 21 who has completed a basic certification course by the Motorcycle Safety Foundation to ride without a helmet, starting on Jan. 1, 2024.

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 would require riders and passengers to wear protective glasses or have a windshield on their bikes.

The amendment would make helmet law violations secondary offenses, meaning that law enforcement could only ticket riders for helmet 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 watched the measure pass from the Legislature’s balcony.

The head of that group, Todd Miller, said he has waited 34 years for the change. He said adults deserve the choice to ride a motorcycle with or without a helmet, and said removing the requirement will improve the experience of motorcycle riding for many. 

“No one would buy a convertible if you had to wear a helmet,” Miller said.

The bill would add Nebraska to the list of states that have eliminated or relaxed laws requiring anyone riding a motorcycle to wear a helmet. The Nebraska law has been in place since 1989.

This year, state Sen. Ben Hansen of Blair proposed the repeal initially through a separate bill, but later turned it into an amendment to LB138. He said people should be free to decide if they want to take the risk of riding without a helmet.

While the helmet repeal was not debated in the final round Wednesday, it drew some opposition from lawmakers in previous rounds of debate. Sen. Mike Moser of Columbus, for example, had noted previously that the government tells people what to do in many situations, including wearing seat belts, putting children in car seats and obeying speed limits. But he voted in favor of the bill on Wednesday.