H.B. 158

1

MOTORCYCLE HELMET LAW AMENDMENTS
2 2009 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 or ride on a motorcycle or motor-driven
14 cycle on a highway in this state unless the person is wearing protective headgear if:
15 . another person under 21 years of age is also riding on the motorcycle or
16 motor-driven cycle;
17 . the operator of the motorcycle holds a motorcycle learner permit; or
18 . the motorcycle is being operated within the city limits of a city of the first,
19 second, or third class with an exception;
20 . provides that a person under 21 years of a age, rather than 18 years of age, may not
21 operate or ride on a motorcycle or motor-driven cycle on a highway in this state
22 unless the person is wearing:
23 . protective headgear with a continuous solid chin bar; and
24 . protective glasses, goggles, or a transparent face shield unless the motorcycle or
25 motor-driven cycle is equipped with a protective windshield;
26 . grants the Department of Public Safety rulemaking authority to establish standards
27 for approved protective headgear, glasses, goggles, or transparent face shields; and

28 . makes technical changes.
29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 41-6a-1505, as last amended by Laws of Utah 2007, Chapter 86
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-6a-1505 is amended to read:
39 41-6a-1505. Motorcycle or motor-driven cycle -- Protective headgear -- Closed
40 cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal
41 assistive mobility devices.
42 (1) (a) Except as provided in Subsection (1)(b), a person may not operate or ride on a
43 motorcycle or motor-driven cycle on a highway in this state unless the person is wearing
44 protective headgear that complies with the specifications adopted under Subsection (4) if:
45 (i) another person under 21 years of age is also riding on the motorcycle or
46 motor-driven cycle as the operator or a passenger;
47 (ii) the operator of the motorcycle holds a motorcycle learner permit issued in
48 accordance with Section 53-3-210.6 ; or
49 (iii) the motorcycle is being operated within the city limits of a city of the first, second,
50 or third class.
51 (b) The requirement under Subsection (1)(a)(iii) to wear protective headgear while
52 operating a motorcycle or motor-driven cycle within the city limits of a city of the first, second,
53 or third class does not apply if:
54 (i) the operator is traveling on an interstate highway passing through a city described in
55 Subsection (1)(a)(iii); and
56 (ii) the operator does not exit the interstate highway within the city limits of a city
57 described in Subsection (1)(a)(iii).
58 [(1)] (2) A person under the age of [18] 21 may not operate or ride on a motorcycle or

59 motor-driven cycle on a highway unless the person is wearing:
60 (a) protective headgear which complies with specifications adopted under Subsection
61 [(3).] (4) and has a continuous solid chin bar; and
62 (b) protective glasses, goggles, or a transparent face shield of a type approved by the
63 department unless the motorcycle or motor-driven cycle is equipped with a protective
64 windshield.
65 [(2)] (3) This section does not apply to persons riding within an enclosed cab.
66 [(3)] (4) The following standards and specifications for protective headgear are
67 adopted:
68 (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
69 (b) 49 C.F.R. 1203 related to protective headgear for bicycles, motor assisted scooters,
70 and electric personal assistive mobility devices.
71 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
72 department shall make rules establishing standards for approved:
73 (a) protective headgear required under this section; and
74 (b) protective glasses, goggles, or a transparent face shield required under Subsection
75 (2)(b).




Legislative Review Note
as of 1-6-09 8:58 AM

Office of Legislative Research and General Counsel