New ATV Helmet law goes into effect Saturday; here are some answers to FAQs

This law requires that children <18 wear a helmet, while riding an off-road vehicle, on public and private land.

ATV Helmet Law: Frequently asked questions

Does the Helmet Law apply to Side by Sides and UTV’s?

Yes, the law pertains to all vehicles that are designed for cross country travel.

If I place a child in a car seat, does the helmet law still apply?

Yes, the use of a car seat does not exclude a child, under age 18 from being required to wear a helmet when riding on an off-road vehicle.

Does the helmet law apply to ATV’s being used around the farm?

When used for “Farm purposes” the helmet law does not apply, however the law does apply when the vehicle is used for something other than “farming purposes”

Does the helmet law apply to Golf Carts?

Golf carts are excluded from this law and no helmet is required.

Does my child need to wear a helmet when on a motorized mini-bike or dirt-bike?

Yes, the law applies to all vehicles specifically designed for off-road travel, excluding golf-carts.

Is a helmet required when my child is operating or riding on a Go-Cart?

Yes, this law also applies to Go-Carts.

Does the helmet law apply to battery operated toy machines?

The law applies to any machine that is designed for cross country travel. It includes certain battery operated machines, but the common toy machines that are only capable of slow back yard travel are not considered off road vehicles and helmets are not required for them.

Does this law only apply to public property or roadways?

No, the helmet law applies on public and private property.

Who is responsible if a violation is found by an officer?

The operator of any vehicle is ultimately responsible for any violation, including the failure of the operator to wear a helmet. However, the new law also allows the adult that is responsible for the ATV to be cited for the offense.

Are Jeeps, Trucks, Crawlers, Dunebuggies or similar vehicles included on this list?

If a vehicle is unregistered through the BMV and used for the purpose of cross-country travel it is within the definition that requires a helmet for all occupants under the age of 18.

Following is the actual statute:

HOUSE ENROLLED ACT No. 1200

AN ACT to amend the Indiana Code concerning motor vehicles.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 9-18.1-14-11 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2017]: Sec. 11. (a) An individual less than

eighteen (18) years of age who is operating or riding on an off-road

vehicle shall wear a helmet that meets the standards established by

the United States Department of Transportation under 49 CFR

571.218 as in effect January 1, 1979.

(b) An individual who violates this section commits a Class C

infraction.

SECTION 2. IC 14-16-1-29, AS AMENDED BY P.L.195-2014,

SECTION12,ISAMENDEDTOREADASFOLLOWS[EFFECTIVE

JULY 1, 2017]: Sec. 29. (a) A person who violates section 8, 9, 11.5,

13, 14, 20, 21, 23(a)(3) through 23(a)(14), or 27, or 33 of this chapter

commits a Class C infraction.

(b) A person who knowingly or intentionally violates section 17,

18(a), 18(b), 18(c), 23(a)(1), 23(a)(2), or 24 of this chapter commits a

Class B misdemeanor.

commits a Class A infraction.

SECTION 3.IC14-16-1-33 ISADDEDTO THE INDIANA CODE

ASANEWSECTIONTOREADASFOLLOWS[EFFECTIVE

JULY 1, 2017]: Sec. 33. A person who is:

(1) the owner of an off-road vehicle;

(2) in possession of an off-road vehicle; or

(3) entitled to the possession of an off-road vehicle, whether

by reason of legal title, lease, license, rental arrangement,

lease with option to purchase, contract of conditional sale, or

otherwise;

may not knowingly authorize or permit an individual less than

eighteen (18) years of age to operate the off-road vehicle in

violation of IC 9-18.1-14-11.