§ 42-4-1502 — Motorcycles and autocycles - protective helmet

(1) A person
driving a motorcycle or autocycle shall ride only upon the permanent and regular
seat attached to the motorcycle or autocycle. The driver of a motorcycle or an
autocycle shall not carry any other person, and another person shall not ride on a
motorcycle or autocycle, unless the motorcycle or autocycle is designed to carry
more than one person. If a motorcycle or autocycle is designed to carry more than
one person, a passenger may ride upon the permanent seat if the permanent seat is
designed for two persons or upon another seat firmly attached to the motorcycle or
autocycle at the rear or side of the operator.

(2) A person shall ride upon a motorcycle only while sitting astride the seat,
facing forward, with one leg on either side of the motorcycle.

(3) No person shall operate a motorcycle while carrying packages, bundles,
or other articles which prevent the person from keeping both hands on the
handlebars.

(4) A driver shall not carry any person, and another person shall not ride, in a
position that will interfere with the operation or control of the motorcycle or
autocycle or the view of the operator.

(4.5) (a) Except as provided in subsection (4.5)(c) of this section, a person
shall not drive or ride as a passenger on a motorcycle, autocycle, or low-power
scooter on a roadway unless:

(I) Each person under eighteen years of age is wearing a protective helmet of
a type and design manufactured for use by operators of motorcycles;

(II) The protective helmet conforms to the design and specifications set forth
in paragraph (b) of this subsection (4.5); and

(III) The protective helmet is secured properly on the person's head with a
chin strap while the motorcycle, autocycle, or low-power scooter is in motion.

(b) A protective helmet required to be worn by this subsection (4.5) shall:

(I) Be designed to reduce injuries to the user resulting from head impacts
and to protect the user by remaining on the user's head, deflecting blows, resisting
penetration, and spreading the force of impact;

(II) Consist of lining, padding, and chin strap; and

(III) Meet or exceed the standards established in the United States
department of transportation federal motor vehicle safety standard no. 218, 49 CFR
571.218, for motorcycle helmets.

(c) A person driving or riding an autocycle need not wear a helmet if the
autocycle has:

(I) Three wheels;

(II) A maximum design speed of twenty-five miles per hour or less;

(III) A windshield; and

(IV) Seat belts.

(5) Any person who violates any provision of this section commits a class A
traffic infraction.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2398, � 1, effective January 1, 1995. L. 2007: (4.5) added, p. 1480, � 1, effective July 1. L. 2009: IP(4.5)(a) and (4.5)(a)(I) amended, (HB 09-1026), ch. 281, p. 1283, � 63, effective October 1. L. 2015: IP(4.5)(a) amended and (4.5)(c) added, (HB 15-1345), ch. 330, p. 1347, � 3, effective August 5. L. 2022: (1), (4), IP(4.5)(a), (4.5)(a)(III), and IP(4.5)(c) amended, (HB 22-1043), ch. 361, p. 2581, � 4, effective January 1, 2023.