5/9/2017Amended by Chapter 369, 2017 General Session2017Motorcycle or motor-driven cycle -- Protective headgear -- Closed cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal assistive mobility devices. A person under the age of 21 may not operate or ride any of the following on a highway unless the person is wearing protective headgear that complies with specifications adopted under Subsection (3): a motorcycle; a motor-driven cycle; a class 3 electric assisted bicycle; or an autocycle that is not fully enclosed. This section does not apply to persons riding within an enclosed cab. The following standards and specifications for protective headgear are adopted: 49 C.F.R. 571.218 related to protective headgear for motorcycles; and 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted scooters, and electric personal assistive mobility devices. A court shall waive $8 of a fine charged to a person operating a vehicle described in Subsection (1) for a moving traffic violation if the person was: 21 years of age or older at the time of operation; and wearing protective headgear that complies with the specifications adopted under Subsection (3) at the time of operation. The failure to wear protective headgear: does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages. Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a person operating a motorcycle or motor-driven cycle for a driving under the influence violation of Section 41-6a-502. A violation of this section is an infraction.