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H.B. 93
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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 $10 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 $10 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; and
22 . wearing protective headgear at the time of operation; 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 41-22-10.8, as last amended by Laws of Utah 2002, Chapter 148
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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 $10 of a fine charged to a person operating a 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.
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 $10 of a fine charged for a violation of Title 41, 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.
Legislative Review Note
as of 1-8-10 7:03 AM