H.B. 93

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 2, 2010 at 10:23 AM by lerror. --> This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 17, 2010 at 10:05 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 24, 2010 at 3:54 PM by rday. --> 1

MOTORCYCLE AND OFF-HIGHWAY VEHICLE
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ronda Rudd Menlove
6 Senate Sponsor: Curtis S. Bramble
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to wearing
11 protective headgear while operating a motorcycle, motor-driven cycle, or off-highway
12 vehicle.
13 Highlighted Provisions:
14 This bill:
15 . provides that a court shall waive $ H. [ 10 ] 8 .H of a fine charged to a person
15a operating a
16 motorcycle or motor-driven cycle for a moving traffic violation if the person was:
17 . 18 years of age or older at the time of operation; and
18 . wearing protective headgear at the time of operation;
19 . provides that a court shall waive $ H. [ 10 ] 8 .H of a fine charged for certain
19a violations to a
20 person operating an off-highway vehicle on public land if the person was:
21 . 18 years of age or older at the time of operation; and
22 . wearing protective headgear at the time of operation; S. [ and ]
22a . provides that the failure to wear protective headgear:
22b . does not constitute contributory or comparative negligence on the part of a
22c person seeking recovery for injuries; and
22d . may not be introduced as evidence in any civil litigation on the issue of

22e negligence, injuries, or the mitigation of damages;
22f . provides that a court may not waive $8 of a fine charged to a person for a driving under the
22g influence violation; and .S
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 41-22-10.8, as last amended by Laws of Utah 2002, Chapter 148
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 41-6a-1505 is amended to read:
35 41-6a-1505. Motorcycle or motor-driven cycle -- Protective headgear -- Closed
36 cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal
37 assistive mobility devices.
38 (1) A person under the age of 18 may not operate or ride on a motorcycle or
39 motor-driven cycle on a highway unless the person is wearing protective headgear which
40 complies with specifications adopted under Subsection (3).
41 (2) This section does not apply to persons riding within an enclosed cab.
42 (3) The following standards and specifications for protective headgear are adopted:
43 (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
44 (b) 49 C.F.R. 1203 related to protective headgear for bicycles, motor assisted scooters,
45 and electric personal assistive mobility devices.
46 (4) A court shall waive $ H. [ 10 ] 8 .H of a fine charged to a person operating a
46a motorcycle or
47 motor-driven cycle for a moving traffic violation if the person was:
48 (a) 18 years of age or older at the time of operation; and
49 (b) wearing protective headgear that complies with the specifications adopted under
50 Subsection (3) at the time of operation.
50a S. (5) The failure to wear protective headgear:
50b (a) does not constitute contributory or comparative negligence on the part of a person
50c seeking recovery for injuries; and
50d (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
50e injuries, or the mitigation of damages.
50f (6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a person
50g operating a motorcycle or motor-driven cycle for a driving under the influence violation of
50h Section 41-6a-502. .S
51 Section 2. Section 41-22-10.8 is amended to read:
52 41-22-10.8. Protective headgear requirements -- Owner duty -- Penalty for

53 violation.
54 (1) A person under the age of 18 may not operate or ride on all-terrain type I vehicles,
55 snowmobiles, or motorcycles on public land unless the person is wearing a properly fitted and
56 fastened, United States Department of Transportation safety-rated protective headgear designed
57 for motorized vehicle use.
58 (2) The owner of an off-highway vehicle or any other person may not give permission

59 to a person who is under 18 years of age to operate or ride on an off-highway vehicle in
60 violation of this section.
61 (3) An operator and passengers of off-highway implements of husbandry operated in
62 the manner prescribed by Subsections 41-22-5.5 (3) and (4) are exempt from the requirements
63 of this section.
64 (4) Any person convicted of violations of this section is guilty of an infraction and
65 shall be fined not more than $50 per offense.
66 (5) A court shall waive $ H. [ 10 ] 8 .H of a fine charged for a violation of Title 41,
66a Chapter 22,
67 Off-Highway Vehicles, to a person operating an off-highway vehicle on public land if the
68 person was:
69 (a) 18 years of age or older at the time of operation; and
70 (b) wearing protective headgear that complies with the requirements described under
71 Subsection (1) at the time of operation.
71a S. (6) The failure to wear protective headgear:
71b (a) does not constitute contributory or comparative negligence on the part of a person
71c seeking recovery for injuries; and
71d (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
71e injuries, or the mitigation of damages.
71f (7) Notwithstanding Subsection (5), a court may not waive $8 of a fine charged to a person
71g operating an off-highway vehicle on public land for a driving under the influence violation of
71h Section 41-6a-502. .S




Legislative Review Note
as of 1-8-10 7:03 AM

Office of Legislative Research and General Counsel