H.B. 93 Enrolled

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
11 wearing protective headgear while operating a motorcycle, motor-driven cycle, or
12 off-highway vehicle.
13 Highlighted Provisions:
14 This bill:
15 . provides that a court shall waive $8 of a fine charged to a person 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 $8 of a fine charged for certain 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;
22 . wearing protective headgear at the time of operation;
23 . provides that the failure to wear protective headgear:
24 . does not constitute contributory or comparative negligence on the part of a
25 person seeking recovery for injuries; and
26 . may not be introduced as evidence in any civil litigation on the issue of
27 negligence, injuries, or the mitigation of damages;
28 . provides that a court may not waive $8 of a fine charged to a person for a driving
29 under the influence violation; and

30 . makes technical changes.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 41-6a-1505, as last amended by Laws of Utah 2007, Chapter 86
38 41-22-10.8, as last amended by Laws of Utah 2002, Chapter 148
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 41-6a-1505 is amended to read:
42 41-6a-1505. Motorcycle or motor-driven cycle -- Protective headgear -- Closed
43 cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal
44 assistive mobility devices.
45 (1) A person under the age of 18 may not operate or ride on a motorcycle or
46 motor-driven cycle on a highway unless the person is wearing protective headgear which
47 complies with specifications adopted under Subsection (3).
48 (2) This section does not apply to persons riding within an enclosed cab.
49 (3) The following standards and specifications for protective headgear are adopted:
50 (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
51 (b) 49 C.F.R. 1203 related to protective headgear for bicycles, motor assisted scooters,
52 and electric personal assistive mobility devices.
53 (4) A court shall waive $8 of a fine charged to a person operating a motorcycle or
54 motor-driven cycle for a moving traffic violation if the person was:
55 (a) 18 years of age or older at the time of operation; and
56 (b) wearing protective headgear that complies with the specifications adopted under
57 Subsection (3) at the time of operation.

58 (5) The failure to wear protective headgear:
59 (a) does not constitute contributory or comparative negligence on the part of a person
60 seeking recovery for injuries; and
61 (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
62 injuries, or the mitigation of damages.
63 (6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a
64 person operating a motorcycle or motor-driven cycle for a driving under the influence
65 violation of Section 41-6a-502 .
66 Section 2. Section 41-22-10.8 is amended to read:
67 41-22-10.8. Protective headgear requirements -- Owner duty -- Penalty for
68 violation.
69 (1) A person under the age of 18 may not operate or ride on all-terrain type I vehicles,
70 snowmobiles, or motorcycles on public land unless the person is wearing a properly fitted and
71 fastened, United States Department of Transportation safety-rated protective headgear
72 designed for motorized vehicle use.
73 (2) The owner of an off-highway vehicle or any other person may not give permission
74 to a person who is under 18 years of age to operate or ride on an off-highway vehicle in
75 violation of this section.
76 (3) An operator and passengers of off-highway implements of husbandry operated in
77 the manner prescribed by Subsections 41-22-5.5 (3) and (4) are exempt from the requirements
78 of this section.
79 (4) Any person convicted of violations of this section is guilty of an infraction and
80 shall be fined not more than $50 per offense.
81 (5) A court shall waive $8 of a fine charged for a violation of Title 41, Chapter 22,
82 Off-Highway Vehicles, to a person operating an off-highway vehicle on public land if the
83 person was:
84 (a) 18 years of age or older at the time of operation; and
85 (b) wearing protective headgear that complies with the requirements described under

86 Subsection (1) at the time of operation.
87 (6) The failure to wear protective headgear:
88 (a) does not constitute contributory or comparative negligence on the part of a person
89 seeking recovery for injuries; and
90 (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
91 injuries, or the mitigation of damages.
92 (7) Notwithstanding Subsection (5), a court may not waive $8 of a fine charged to a
93 person operating an off-highway vehicle on public land for a driving under the influence
94 violation of Section 41-6a-502 .