I was driving around with my younger daughter this weekend when she said “I’ve never ridden on a motorcycle.” She’s ten, so she’s obviously too young to pilot one herself. But would it be lawful for her to ride as a passenger? In a word, yes. North Carolina law does not impose a minimum age for motorcycle passengers. According to the Motorcycle Legal Foundation, only four states – Washington, Texas, Arkansas, and Louisiana – have minimum ages. Each of those states sets the minimum age at five years except Arkansas where it is eight years. California requires that any passenger’s feet be able to reach the footpegs. What about car seat laws? But wait. Kids need to be in car seats, and you can’t put a car seat on a motorcycle, so doesn’t that effectively prevent them from riding as motorcycle passengers? No. The car seat law is G.S. 20-137.1, and it exempts “vehicles which are not required by federal law or regulation to be equipped with seat belts,” such as motorcycles. Interestingly, there are various kinds of seats and retention belts designed to help keep kids on motorcycles. They are quite different in design than a car seat but may be helpful in some circumstances. Could it be child abuse? Riding on a motorcycle is statistically much more dangerous than riding in a car. Depending on the child’s age, the weather and traffic conditions, the distance to be travelled, and what other options are available, it may be inappropriate to [...]
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