What Age Can a Child Ride on the Back of a Motorcycle in PA?

Is there a motorcycle passenger age limit in Pennsylvania? You may have questions about the minimum age for motorcycle passengers in the Commonwealth if you’ve been thinking about taking your child on the back of your bike.

Pennsylvania’s motorcycle laws have little to say about the minimum legal age of motorcycle passengers. However, they address other critical safety issues.

At Munley Law, serving the area since 1959, we know obeying the law can’t always prevent harm. If you or your child has been hurt in a motorcycle accident, contact us today for a free consultation.

Pennsylvania Law on Child Motorcycle Passengers

The Pennsylvania law addressing motorcycle passenger safety doesn’t establish a minimum age for passengers. This isn’t uncommon. Most states don’t have laws prohibiting motorcyclists from riding with child passengers as long as they abide by other applicable safety requirements.

Pennsylvania’s law states that no passenger may sit in front of a motorcycle operator. Thus, allowing a child to ride on the back of a motorcycle is the only legal option unless the vehicle has a sidecar attached.

That said, it’s important to understand that Pennsylvania law distinguishes between motorcycles and autocycles. In Pennsylvania, an autocycle is a three-wheeled vehicle whose steering wheel and seating arrangement resemble that of a passenger car. The law prohibits allowing a child under the age of eight to ride in an autocycle if they would typically need to be restrained in a passenger car.

Mandatory Safety Equipment for Child Passengers in PA

Although a child of any age may technically ride as a motorcycle passenger in Pennsylvania, laws regarding safety equipment still apply:

• Helmet requirements: Everyone operating or riding on a motorcycle in Pennsylvania must wear a helmet. If someone is over 21, they must wear a helmet until they have two years of riding experience or they’ve completed an approved safety course. Operators and riders must wear helmets that satisfy the standards and requirements of Federal Motor Vehicle Safety Standards (FMVSS 218) and Pennsylvania regulations (Title 67, Chapter 107).
• Protective clothing: No law states that a child riding on a motorcycle in Pennsylvania needs to wear specific types of protective clothing aside from a DOT-approved helmet and protective eyewear. That’s not to say that letting kids ride without this type of gear is a good idea. Passengers on motorcycles should wear long pants to protect their legs, along with gloves and upper-body clothing that offer sufficient protection from debris and other such hazards.
• Footwear regulations: Pennsylvania law doesn’t require a motorcycle passenger to wear any particular footwear. However, PA’s Driver and Vehicle Services agency recommends that motorcyclists wear sturdy footwear (such as boots) that thoroughly covers the ankle.
• Eye protection rules: As previously referenced, the law does say motorcycle passengers need to wear protective eyewear approved by PennDOT.

At Munley Law, serving the area for  65 years, we understand how a lack of proper safety gear can affect a victim’s injuries when an accident occurs. Injured in a motorcycle accident? Our Pennsylvania motorcycle accident attorneys can help protect your rights.

Special Requirements for Child Motorcycle Passengers

Under Pennsylvania law, unless a motorcycle has a sidecar attached, any motorcycle carrying passengers must be equipped with foot pegs and handholds that the passenger can reach. The law doesn’t say anything about differences between appropriate passenger foot pegs for adult passengers vs. child passengers. As long as the child can reach the footrests and handhold, a motorcyclist is typically in compliance with the law. It may be necessary to modify certain equipment to accommodate a child riding on a motorcycle.

The law also says that motorcycle passengers can only ride on vehicles designed for more than one individual. If a motorcycle’s regular seat is designed to fit a passenger, they can sit there. Otherwise, they may sit in a passenger seat that’s been attached to the regular seat if the vehicle’s design permits. They also have the option of riding in a sidecar. Again, the law prohibits riding in front of a motorcycle operator.

Child Passenger Insurance Requirements

Insurance is a requirement for registering a motorcycle in Pennsylvania. All motorcyclists in the state must have liability coverage in the following amounts:

• $15,000 for injury/death to one individual in an accident
• $30,000 for injury/death to more than one person in an accident
• $5,000 for damage to another’s property

If a rider has personal injury protection (PIP) insurance, their PIP coverage can also apply to family members and passengers. You may want to add additional protections, like guest passenger coverage, depending on whether you plan on riding with passengers your policy doesn’t cover (like the kids of family members and friends).  Make sure you’re properly covered. 

Safety Considerations Beyond Legal Requirements

Along with obeying the law, keep these motorcycle safety tips in mind when riding with kids:

• Check weather conditions: Confirm weather conditions are safe before riding. Dress appropriately for the conditions you’ll face.
• Trip duration guidelines: Make sure you have enough fuel to complete your trip without getting stranded far from a gas station. Additionally, don’t plan a trip that’s so long you may become fatigued or a child passenger may get restless.
• Communication methods and emergency procedures: Go over how a child can communicate with you and how you’ll respond to emergency situations before allowing a child to ride with you on a motorcycle.

Put your child’s safety first and understand all legal requirements.

Liability Issues with Child Motorcycle Passengers

When a child is injured while riding as a motorcycle passenger in Pennsylvania, liability depends on who caused the accident and the specific circumstances involved. Here’s a clear breakdown of responsibility:

• The motorcycle operator becomes liable if their negligent actions caused the accident, such as speeding, reckless driving, or failing to follow traffic laws. They may be responsible for the child’s medical bills, pain and suffering, and other damages related to the injury.
• Parents are generally not liable for their child’s injuries as a passenger unless they directly contributed to causing the accident. However, they may share some liability if they fail to ensure proper safety equipment, such as the helmets required for riders under 21.
• Insurance coverage works in several ways. First-party benefits coverage from either the operator’s or parents’ insurance may cover the child’s medical expenses regardless of fault. If another driver caused the accident, their insurance should provide compensation. If multiple insurance policies are available, coverage may need to be coordinated.
• Safety law violations can affect compensation and liability. Failing to follow helmet requirements or other safety regulations may reduce available compensation through Pennsylvania’s comparative negligence rules. These violations can also result in separate traffic citations and penalties.

Consulting with a motorcycle accident attorney at Munley Law is recommended if you need specific guidance about a motorcycle accident involving a child passenger since each case involves unique circumstances.