H.B. 342

1

BICYCLE HELMET REQUIREMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to protective
10 headgear requirements when operating a bicycle or moped on a highway.
11 Highlighted Provisions:
12 This bill:
13 . provides that an owner of a bicycle or moped may not knowingly allow a person
14 under the age of 12 to operate or ride on a bicycle or moped on a highway unless the
15 person is wearing protective headgear;
16 . adopts the standards and specifications with which the protective headgear must
17 comply; and
18 . provides that the failure to wear protective headgear:
19 . does not constitute contributory or comparative negligence on the part of a
20 person seeking recovery for injuries; and
21 . may not be introduced as evidence in any civil litigation on the issue of
22 negligence, injuries, or the mitigation of damages.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 41-6a-1114.5, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-6a-1114.5 is enacted to read:
33 41-6a-1114.5. Bicycle or moped -- Protective headgear.
34 (1) (a) The owner of a bicycle or moped may not knowingly allow a person under the
35 age of 12 to operate or ride on a bicycle or moped on a highway unless the person is wearing
36 protective headgear that complies with specifications adopted under Subsection (2).
37 (b) For purposes of this section, a person under the age of 18 may not be considered to
38 be the owner of a bicycle or moped.
39 (2) The protective headgear described in Subsection (1) shall comply with standards
40 and specifications identified in 16 C.F.R. Part 1203 related to bicycle helmets.
41 (3) The failure to wear protective headgear:
42 (a) does not constitute contributory or comparative negligence on the part of a person
43 seeking recovery for injuries; and
44 (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
45 injuries, or the mitigation of damages.




Legislative Review Note
as of 2-15-11 12:57 PM

Office of Legislative Research and General Counsel