§ 41-6a-1505 — Motorcycle or motor-driven cycle -- Protective headgear -- Closed cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal assistive mobility devices.

(1) A person under the age of 21 may not operate or ride any of the following on a highway unless the person is wearing protective headgear that complies with specifications adopted under Subsection (3):

(1)(a) a motorcycle;
(1)(b) a motor-driven cycle;
(1)(c) a class 3 electric assisted bicycle; or
(1)(d) an autocycle that is not fully enclosed.
(2) This section does not apply to persons riding within an enclosed cab.
(3) The following standards and specifications for protective headgear are adopted:

(3)(a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
(3)(b) 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted scooters, and electric personal assistive mobility devices.
(4) A court shall waive $8 of a fine charged to a person operating a vehicle described in Subsection (1) for a moving traffic violation if the person was:

(4)(a) 21 years of age or older at the time of operation; and
(4)(b) wearing protective headgear that complies with the specifications adopted under Subsection (3) at the time of operation.
(5) The failure to wear protective headgear:

(5)(a) does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and
(5)(b) may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages.
(6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a person operating a motorcycle or motor-driven cycle for a driving under the influence violation of Section 41-6a-502.
(7) A violation of this section is an infraction.

Legislative History

Amended by Chapter 369, 2017 General Session