---
title: O.C.G.A. § 40-6-352. Protective headgear.
collection: code
id: 40-6-352
cite_as: O.C.G.A. § 40-6-352 (2025)
canonical_url: https://georgiacommons.org/code/40-6-352
md_url: https://georgiacommons.org/code/40-6-352.md
text_url: https://georgiacommons.org/code/40-6-352/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-pdf.pdf?sfvrsn=f322c22b_0#page=51
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / UNIFORM RULES OF THE ROAD / SPECIAL PROVISIONS FOR CERTAIN VEHICLES / MOPEDS
---

# O.C.G.A. § 40-6-352. Protective headgear.

(a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection.

(b) The commissioner of public safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish in print or electronically lists by name and type of all protective headgear which have been approved by him or her.

## History

Code 1933, § 68A-1112, enacted by Ga. L. 1978, p. 2241, § 5; Ga. L. 1990, p. 2048, § 5; Ga. L. 1996, p. 236, § 4; Ga. L. 2000, p. 951, § 5A-10; Ga. L. 2005, p. 334, § 18-14/HB 501; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2019, p. 264, § 6/HB 454.

## Amendments

The 2019 amendment, effective July 1, 2019, deleted the former last sentence in subsection (a), which read: “Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation’s Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet.”