Key Takeaways
- No statewide helmet requirement. The Vehicle Code requires eye protection and says nothing about helmets.
- Eye protection is mandatory for the rider and every passenger — and a windshield can satisfy it.
- One hand on a grip at all times the motorcycle is moving.
- A passenger must be able to reach the footrest. That rule effectively excludes small children.
- Passing on the right needs an unobstructed lane, which is what makes filtering between traffic unlawful.
1. Eye protection is required, helmets are not
Illinois has no statewide helmet requirement. What the Vehicle Code does require is eye protection.
Under 625 ILCS 5/11-1404(a), the operator of a motorcycle, motor driven cycle or moped “and every passenger thereon shall be protected by glasses, goggles or a transparent shield.” Three points are easy to miss:
- It applies to passengers too, not just the rider.
- Ordinary glasses or sunglasses can satisfy it, provided they are made of shatter-resistant material as the section defines.
- A windshield counts, if it is attached to the front of the motorcycle and extends above the eyes when the operator is seated normally upright.
So a rider on a faired bike with a tall screen, wearing no eyewear at all, may be compliant, while a rider on a naked bike in fashion sunglasses that are not shatter-resistant may not be.
2. Where you may sit, and who may ride with you
625 ILCS 5/11-1403(a) requires the operator to ride only on the permanent and regular seat attached to the motorcycle. You may not carry a passenger unless the motorcycle is designed to carry more than one person, in which case the passenger may use the regular seat if designed for two, or another seat firmly attached at the rear or side.
Under 11-1403(b), a person shall ride “only while sitting astride the seat, facing forward, with one leg on each side.”
3. The footrest rule, which quietly settles the child question
Under 625 ILCS 5/11-1403(e), an operator “may not transport a passenger unless the passenger is capable of resting a foot on the footrest while the motorcycle is in motion.”
Illinois sets no minimum passenger age, and riders often go looking for one. The footrest requirement is the operative rule instead. A child too small to reach the footrest may not be carried, whatever their age.
4. One hand on the handlebars, and handlebar height
625 ILCS 5/11-1403(d) requires the operator to keep at least one hand on a handlebar grip at all times the motorcycle is in motion.
11-1403(c) prohibits operating a motorcycle with handlebar grips higher than the height of the operator’s head when seated in the normal driving position. This is the rule that catches heavily customized bikes, and it is measured against the rider rather than a fixed dimension, so the same bike can be lawful for one rider and not another.
5. Passing, and why filtering is not permitted
Riders regularly ask whether lane splitting or filtering between stopped traffic is allowed in Illinois. The answer lies in how the Code treats passing.
Under 625 ILCS 5/11-703(c), the driver of a two-wheeled vehicle “may not, in passing upon the left of any vehicle proceeding in the same direction, pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver safely.”
An unobstructed lane is exactly what a rider filtering between two lines of traffic does not have. That requirement is what makes the maneuver unlawful in practice, rather than any provision naming lane splitting.
What this means if you are hurt
A violation of one of these sections is prima facie evidence of negligence in Illinois rather than conclusive proof, and proximate cause must still be established separately. That applies to the driver who hit you and, if an insurer raises it, to you. See Illinois negligence laws.
On the helmet question specifically, note that 625 ILCS 5/12-603.1(c) removes seat belt non-use from evidence of negligence, and there is no equivalent provision for helmets. Whether an insurer can make anything of a rider’s decision not to wear one is a question to take advice on, and it is discussed further in comparative negligence for motorcycle riders.
Frequently Asked Questions
Does Illinois require motorcycle helmets?
There is no statewide helmet requirement in Illinois. The Vehicle Code requires eye protection under 625 ILCS 5/11-1404 and does not impose a helmet requirement. Riders often still choose to wear one, and that choice is theirs.
What eye protection does Illinois require?
Under 625 ILCS 5/11-1404(a) the operator and every passenger must be protected by glasses, goggles or a transparent shield. Ordinary spectacles or sunglasses qualify if made of shatter-resistant material, and a windshield attached to the front of the motorcycle that extends above the eyes when seated normally also satisfies the section.
Is there a minimum age for a motorcycle passenger in Illinois?
The Code sets no minimum age. Instead, 625 ILCS 5/11-1403(e) provides that an operator may not transport a passenger unless the passenger is capable of resting a foot on the footrest while the motorcycle is in motion, which is the practical limit on carrying a small child.
Is lane splitting legal in Illinois?
Filtering between lanes is not permitted in practice. Under 625 ILCS 5/11-703(c) a two-wheeled vehicle may not pass on the right of a vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit the maneuver safely, and a rider moving between two lines of traffic does not have one.
How high can my handlebars be?
No higher than the height of the operator’s head when seated in the normal driving position, under 625 ILCS 5/11-1403(c). Because the limit is measured against the rider rather than a fixed dimension, the same motorcycle can comply for one rider and not for another.
Can I ride with both hands off the handlebars?
No. 625 ILCS 5/11-1403(d) requires the operator to keep at least one hand on a handlebar grip at all times the motorcycle is in motion.
Talk to an Elmwood Park motorcycle accident lawyer
These rules matter after a crash as much as before one. Insurers reach for any rider-side violation to move the fault percentage, and a rider who knows what the Code actually requires is much harder to push around on the point.
If you were hurt riding in Elmwood Park, Oak Lawn, Skokie, Niles, Orland Park or anywhere in Cook County, Lawyer Furqan will meet those arguments with the statute rather than assumptions about riders.
Call 847-800-8978 or contact us online. The consultation is free, there is nothing upfront, and you owe no attorney’s fee unless we win.
Sources and authorities cited
- 625 ILCS 5/11-1404 · glasses, goggles or transparent shield, for operator and every passenger
- 625 ILCS 5/11-1403(a)–(e) · seat, passengers, riding astride, handlebar height, one hand on a grip, footrest
- 625 ILCS 5/11-703(c) · passing on the right by a two-wheeled vehicle
- 625 ILCS 5/12-603.1(c) · seat belt non-use is not evidence of negligence
This article is general legal information about Illinois law, not legal advice, and creates no attorney-client relationship. Nothing here predicts a result in any particular case.
