Oregon's Bicycle Helmet Law
Summary: Oregon's bicycle helmet law.
S814.485 Failure to wear protective headgear; penalty.
(1) A person commits the offense of failure of a bicycle
operator or rider to wear protective headgear if the person is under 16 years of age, operates or rides on a bicycle on a
highway or on premises open to the public and is not wearing protective headgear of a type approved under ORS
815.052.
(2) Exemptions from this section are provided in ORS 814.487.
(3) The offense described in this section, failure of a bicycle operator or rider to wear protective headgear, is a
traffic infraction punishable by a maximum fine of $25.
814.486 Endangering bicycle operator or passenger; penalty.
(1) A person commits the offense of endangering a bicycle
operator or passenger if:
(a) The person is operating a bicycle on a highway or on premises open to the public and the person carries another
person on the bicycle who is under 16 years of age and is not wearing protective headgear of a type approved under ORS
815.052.
(b) The person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child
under 16 years of age and the child operates or rides on a bicycle on a highway or on premises open to the public
without wearing protective headgear of a type approved under ORS 815.052.
(2) Exemptions from this section are provided in ORS 814.487.
(3) The offense described in this section, endangering a bicycle operator or passenger, is a traffic infraction
punishable by a maximum fine of $25.
814.487 Exemptions from protective headgear requirements.
A person is exempt from the requirements under ORS 814.485
and 814.486 to wear protective headgear, if wearing the headgear would violate a religious belief or practice of the
person.
814.488 Citations; exemption from requirement to pay fine.
(1) If a child in violation of ORS 814.485 is 11 years of
age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for
the safety and welfare of the child for violation of ORS 814.486, rather than to the child for violation of ORS
814.485.
(2) If a child in violation of ORS 814.485 is at least 12 years of age and is under 16 years of age, a citation may be
issued to the child for violation of ORS 814.485 or to the parent, legal guardian or person with legal responsibility for
the safety and welfare of the child for violation of ORS 814.486, but not to both.
(3) The first time a person is convicted of an offense described in ORS 814.485 or 814.486, the person shall not be
required to pay a fine if the person proves to the satisfaction of the court that the person has protective headgear of a
type approved under ORS 815.052.
814.489 Use of evidence of lack of protective headgear on bicyclist.
Evidence of violation of ORS 814.485 or 814.486
and evidence of lack of protective headgear shall not be admissible, applicable or effective to reduce the amount of
damages or to constitute a defense to an action for damages brought by or on behalf of an injured bicyclist or bicycle
passenger or the survivors of a deceased bicyclist or passenger if the bicyclist or passenger was injured or killed as a
result in whole or in part of the fault of another.
815.052 Standards for bicycle headgear.
The Department of Transportation shall adopt and enforce rules establishing
minimum standards and specifications for safe protective headgear to be worn by people operating bicycles and by
passengers on bicycles. The rules shall conform, insofar as practicable, to safety standards and specifications for such
headgear issued by the American National Standards Institute, Snell or the United States Department of
Transportation.