The Japanese government has approved a new law to make a helmet compulsory when cycling in Japan from April 2023 onwards. It’s the law, yet it is not compulsory which is confusing.

There’s already a road traffic regulation that all children under 13 years of age must cycle with a helmet. However not all children do, about 6 in 10 children do according to an article in The Mainichi newspaper. It’s not just because kids are kids. It’s also because the law here has a particular concept called “努力義務” or doryokugimu. This loosely translates as a “obligation to try” or a “duty of effort”. The idea is people should try to do something but crucially there is no road traffic fine or criminal penalty for not complying. This same concept will apply to the new helmet law: it’s the law but there is no criminal penalty if you do not comply.

Confused?

It’s a quirk of Japanese law and bureaucracy, every country has oddities like this, for example in English there can be “best effort” clauses in contracts. Think of it as asking for your cooperation, a carrot rather than a stick.

This legal concept applies in many other situations in Japan, like employment law where there are duties for employers and employees. Similarly Covid vaccines as it’s the law to get jabbed but there’s no penalty for not complying.

The law allows for some reason here. Imagine if your helmet got damaged by baggage handlers during a flight. You could ride to a shop to pick up a new one and that’s ok.

It’s complicated

However here comes the rub. If you don’t comply then there is no criminal prosecution. But a third party can bring a civil suit. To take the example of a workplace, if an employer doesn’t follow their legal duty in some areas, the police or Japanese state won’t fine the company. But when a worker is wronged by their boss in this area, they can take them to court. With the helmet law it’s similar, the police won’t fine you. But in the event of an accident a court could take a dim view of someone who didn’t try to comply. We’re straying into theory for now but hopefully this gives you a better idea.

I’ll leave the pros and cons of helmets for others, it’s a divisive topic. But hopefully reading this you know more about the new law cycling with a helmet in Japan for 2023. It comes on top of existing cycling laws in Japan such as insurance and riding with lights.

Travel tips

  • From April 2023 onwards it’s the law across all of Japan to (try and) wear a helmet when cycling
  • There’s no fine for breaking the law but in the event of an accident not trying to comply could be mentioned
  • Rental bikes have typically come with a lid but check on booking to see what the options are