1.Requirement. The following persons must wear protective headgear: A. If under 18 years of age, a passenger on a motorcycle or moped or in an attached side car; [2017, c. 51, §1(AMD).]B. If under 18 years of age, an operator of a motorcycle or moped; [2017, c. 51, §2(AMD).]C. An operator of a motorcycle or moped, operating under a learner's permit or within one year of successfully completing a driving test; and [2017, c. 51, §3(AMD).]D. A passenger of an operator required to wear headgear. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).] This subsection does not apply to the operation of an autocycle.
[2019, c. 345, §8(AMD).]
2.Compliance. An operator of a motorcycle or moped or a parent or guardian may not allow a passenger under the age of 18 years to ride in violation of this section. [2017, c. 51, §4(AMD).]
3.Standard. Protective headgear must conform with minimum standards of construction and performance as prescribed by the American National Standards Institute specifications Z 90.1 or by the Federal Motor Vehicle Safety Standard No. 218. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]
4.Public program. In furtherance of reasonable protective public policy, the Department of Public Safety, Bureau of Highway Safety must develop and implement a public information and education program designed to encourage helmet utilization by all motorcycle and moped riders. [2005, c. 577, §33(AMD).]
5.Violation. Violation of this section is a traffic infraction. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]
Amended by 2019, c. 349,§ 8, eff. 9/19/2019.Amended by 2017, c. 51,§ 1 to § 4, eff. 11/1/2017.1993, c. 683, §A2 (NEW) . 1993, c. 683, §B5 (AFF) . 2005, c. 577, § 33 (AMD) . 2009, c. 50, §§1-3 (AMD) . 2009, c. 55, § 4 (AMD) . 2009, c. 652, Pt. C, §5 (AMD) .