Ask the Biker Lawyer: Q&A for Riders in New York State

Q1: If a police officer pulls me over on my motorcycle, do I have to remove my helmet and show my face?
A: In New York State, you’re required to provide identification when requested by law enforcement. While no law explicitly says you must remove your helmet, officers may ask you to do so to verify your identity. It is usually best to comply politely as refusing could escalate the situation. Always keep your license and registration accessible, and remember: respect goes a long way on the side of the road.

Q2: Is “lane splitting” legal for motorcycles in NYS?
A: No, lane splitting or riding between lanes of traffic is not legal anywhere in New York State. Even if traffic is at a standstill, riding between vehicles can lead to a ticket for unsafe lane usage or reckless driving. Save the California moves for the West Coast, and always stick to your lane in NY.

Q3: I’m from out of state and riding in NY—will my home insurance and registration cover me?
A: Generally, as long as your bike is properly insured and registered in your home state, you’re legally allowed to ride in New York. However, NY requires all riders and passengers to wear helmets, and your insurance policy should meet NY minimum requirements for liability. If you’re spending a lot of time in New York or relocating, consider checking with your insurer to be sure you’re fully covered. Some policies may have restrictions or lower coverage out-of-state. Always ride prepared, even on unfamiliar roads.

Q4: Does my passenger legally need a helmet in New York State?
A: Yes, New York law requires all motorcycle passengers (regardless of age) to wear a DOT approved helmet. Not only is it the law, but it’s the safest way to ride together and avoid a costly ticket.

Q5: I bought aftermarket pipes for my bike—how loud is too loud?
A: NYS Vehicle & Traffic Law says motorcycles can’t exceed certain decibel levels: 86 dB(A) at idle and 94 dB(A) at higher RPMs (measured by specific standards). Police often enforce “loud pipes” complaints with tickets based on their judgment, not precise measurements. If you want to avoid trouble, stick as close to stock as you can—local laws may be even stricter.

Q6: If I’m hurt in a motorcycle accident, am I covered by No-Fault insurance like car drivers?
A: Unfortunately, no. New York’s No-Fault insurance law does not extend to motorcyclists. If you’re injured, you’ll need to rely on the medical payment provision on your policy and pursue claims against at-fault parties. That’s why carrying uninsured motorist and personal injury protection is so crucial for bikers in NY.

Q7: What should I do if I hit a pothole and go down —can I hold the city or state liable?
A: You might have a case, but it’s tricky. Municipalities are not always responsible for poor road conditions unless they knew about the hazard and didn’t fix it in time. If you crash, document everything: take photos, note the location, and get witness info if possible. File a notice of claim with the relevant city or agency within 90 days—that’s a strict deadline.

Q8: Can I wear headphones while riding my motorcycle in New York?
A: No. In New York, it’s illegal to wear more than one earphone or earbud while operating a motorcycle (or any motor vehicle). You can have one ear covered for communication or music, but both ears must remain unobstructed for safety. Stay alert—ride smart!