H.B. 463

1

MOTOR CYCLE HELMET LAW AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Neil A. Hansen
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to
10 motorcycle operator protective headgear requirements.
11 Highlighted Provisions:
12 This bill:
13 . provides that a person may not operate a motorcycle on a highway within the city
14 limits of a first, second, or third class city unless the person is wearing protective
15 headgear;
16 . provides that a person under 21 years of age, rather than 18, may not operate a
17 motorcycle on a highway unless the person is wearing:
18 . protective headgear with a continuous solid chin bar; and
19 . protective glasses, goggles, or a transparent face shield unless the motorcycle or
20 motor-driven cycle is equipped with a protective windshield;
21 . grants the Department of Public Safety rulemaking authority to establish standards
22 for approved protective glasses, goggles, or transparent face shields; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 41-6a-1505, as last amended by Laws of Utah 2007, Chapter 86
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-1505 is amended to read:
34 41-6a-1505. Motorcycle or motor-driven cycle -- Protective headgear -- Closed
35 cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal
36 assistive mobility devices.
37 (1) (a) A person may not operate or ride on a motorcycle or motor-driven cycle on a
38 highway within the city limits of a city of the first, second, or third class unless the person is
39 wearing protective headgear which complies with specifications adopted under Subsection (3).
40 [(1)] (b) A person under the age of [18] 21 may not operate or ride on a motorcycle or
41 motor-driven cycle on a highway unless the person is wearing:
42 (i) protective headgear which complies with specifications adopted under Subsection
43 (3)[.] and has a continuous solid chin bar; and
44 (ii) protective glasses, goggles, or a transparent face shield of a type approved by the
45 department unless the motorcycle or motor-driven cycle is equipped with a protective
46 windshield.
47 (2) This section does not apply to persons riding within an enclosed cab.
48 (3) The following standards and specifications for protective headgear are adopted:
49 (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
50 (b) 49 C.F.R. 1203 related to protective headgear for bicycles, motor assisted scooters,
51 and electric personal assistive mobility devices.
52 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
53 department shall make rules establishing standards for approved protective glasses, goggles, or
54 a transparent face shield required under Subsection (1)(b)(ii).

Legislative Review Note
as of 2-20-08 2:44 PM

Office of Legislative Research and General Counsel