Yes, for most children. New York State requires a helmet on every child under 14 who rides a bicycle, whether steering it or riding along as a passenger. Ages 1 to 4 add a child-seat condition, and a baby under 1 may not be carried at all. A separate clause requires a helmet on anyone, at any age, who rides or operates a Class 3 e-bike. Under the state rules the penalty is a civil fine of up to $50, and the law steers any ticket for a child toward the parent or guardian. Places that had their own under-14 helmet law before a state carve-out took effect follow that local law instead.
The rules sit in section 1238 of the state Vehicle and Traffic Law, shown on the Senate’s Open Legislation site as the revision from 2020-04-17. The Department of Transportation (DOT) and Department of Health summarize them in plain language. This is a reading for riders and parents, not legal advice.
Helmet rules by age
| Rider | What section 1238 requires |
|---|---|
| Under 1, as a passenger | Not allowed to ride, or to be carried in a pack on the operator |
| 1 to 4, as a passenger | Helmet, plus a separate seat attached to the bicycle |
| 1 to 13, as the operator | Helmet |
| 5 to 13, as a passenger | Helmet; the operator may not let the child ride without one |
| Any age, on a Class 3 e-bike | Helmet, for anyone riding upon, propelling or operating the bike |
| 14 and older, any other bike | The age-based rules stop at 13; a local law may add one |
Babies and toddlers: under 1, then 1 to 4
An operator may not allow a child under 1 to ride as a passenger, and a pack fastened to the operator does not get around that. The Health Department adds that infants under 1 may not ride in carriers attached to or towed behind the bike. A first violation brings no fine; a second brings a civil fine of up to $50.
A passenger aged 1 to 4 needs two things: a helmet that meets the commissioner’s standards and a separate seat attached to the bicycle. The seat must hold the child in place and shield the child from moving parts. For equipment, see our guide to child seats, trailers, tag-alongs and cargo bikes.
Ages 5 to 13
A child aged 1 to 13 who operates a bicycle needs a helmet. So does a child aged 5 to 13 riding as a passenger, and here the duty falls on the person operating the bicycle, who may not allow the ride without one. The Health Department also applies the under-14 rule to in-line skating, skateboarding and scooters.
Helmet fit
The two agencies describe a good fit differently:
- DOT: the helmet sits squarely and level on top of the head, extends down to about 2.5 cm (an inch) above the eyebrows, and does not slide back and forth or rock side to side.
- Health Department: the helmet sits two finger widths above the eyebrow, and the chin strap is tight enough to allow no more than two fingers between strap and chin.
The Health Department also says to choose a helmet that meets the Consumer Product Safety Commission (CPSC) standard, to look for the CPSC sticker, and not to use motorcycle or snowmobile helmets on a bicycle. Our guide to how cycling helmets work covers the shopping side.
After a crash: DOT says to replace a helmet immediately, even if there is no apparent damage. The Health Department defines a traumatic brain injury (TBI or concussion) as harm to the brain or skull from an outside force, such as a strike or impact. The CDC says to seek immediate emergency medical care if a child shows any concussion danger signs after a bump, blow or jolt to the head. Its list includes seizures and a headache that keeps getting worse, and it says to call 911 or go to the nearest emergency department if you notice such signs.
Fines, waivers and who gets the ticket
Under the state law, violating the under-14 helmet subdivisions or the Class 3 subdivision carries a civil fine that may not exceed fifty dollars, unless a pre-existing local law applies (see the local-laws section). DOT says a parent or guardian who permits a child to break the law faces a fine of up to $50, and the Health Department says parents could face a $50 fine. Read that as a ceiling, not a fixed price; the statute says “not to exceed fifty dollars.”
- Buy or rent a helmet. The court must waive the fine if the person proves they bought or rented a helmet between the violation and the court date.
- Economic hardship. The court may waive the fine when hardship kept the person from buying a helmet. The wording also reaches someone who could not get one from the statewide in-line skate and bicycle helmet distribution program or a local distribution program. This hardship waiver does not apply to a second or later Class 3 helmet violation.
- Parent or guardian only. For a violation by a child under 14, an officer may issue a summons only to the child’s parent or guardian. That happens only if the violation occurs in that adult’s presence and the adult is 18 or older. The summons is not issued to the child. For Class 3 violations the same arrangement applies to a person under 16.
Class 3 e-bikes
New York defines classes of electric-assist bicycle in section 102-c. A Class 1 motor assists only while you pedal and stops assisting at 20 mph (32 km/h). A Class 3 motor may be used exclusively to propel the bicycle, which in practice means a throttle (see throttle versus pedal assist), and it stops assisting at 25 mph (40 km/h).
The Class 3 helmet clause begins “No person,” so it names no minimum age and covers anyone who rides upon the bike, not only the person steering. DOT adds two limits for the same bikes: they are only legal in New York City, and they can only be operated by people 16 and older. The statute’s own test is a city of one million or more, which DOT’s FAQ treats as New York City.
DOT says Class 1 and 2 e-bikes are legal statewide unless a local law bans them, and that helmets on e-bikes are not always required but are recommended. It also says e-bike operators must be at least 16, and local governments can set higher limits. See also our overview of e-bike laws in the US, UK and EU.
Local helmet laws and how current this is
The statute lets the legislative body of a county, city, town or village pass a local law requiring helmets for people 14 or older, as operators or passengers. DOT gives Rockland and Erie counties as examples: both require everyone riding bicycles on county property to wear approved helmets, regardless of age.
The local-law provision also carves out places that acted earlier. The state helmet subdivisions 5, 5-a and 5-b and the penalty subdivision 6 do not apply in a county, city, town or village that had already enacted its own helmet law for children under 14 before that provision took effect. There, the local law governs instead. The statute does not name these places, so ask your local government whether one applies where you ride.
The Senate page shows the 2020-04-17 revision as the most recent text as of October 2026. Statutes and local laws change, so confirm anything that matters for a ticket or dispute on the Senate page or with your local government.
If the statute leaves you wondering why rules like this exist at all, our sister site keeps quotations on law and lawmaking.
Sources
- New York State Senate: Vehicle and Traffic Law section 1238
- New York State Senate: Vehicle and Traffic Law section 102-c, Bicycle with electric assist
- New York State Department of Transportation: Bicycle Frequently Asked Questions
- New York State Department of Health: Bicycle and Wheel Sport Safety
- Centers for Disease Control and Prevention: Signs and Symptoms of Concussion
Last reviewed: October 2026.