Bill Text: IA HF2092 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act requiring minors to wear helmets while riding motorcycles, motorized bicycles, and all-terrain vehicles, and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-23 - Introduced, referred to Transportation. H.J. 138. [HF2092 Detail]

Download: Iowa-2017-HF2092-Introduced.html

House File 2092 - Introduced




                                 HOUSE FILE       
                                 BY  FORBES

                                      A BILL FOR

  1 An Act requiring minors to wear helmets while riding
  2    motorcycles, motorized bicycles, and all=terrain vehicles,
  3    and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.275, Code 2018, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  9.  Helmets required for minors.
  1  4    a.  A person under eighteen years of age shall not operate
  1  5 a motorcycle or motorized bicycle on the highways unless the
  1  6 person is wearing a safety helmet.
  1  7    b.  A person shall not operate a motorcycle or motorized
  1  8 bicycle on the highways accompanied by a passenger under
  1  9 eighteen years of age unless the passenger is wearing a safety
  1 10 helmet.
  1 11    c.  For purposes of this subsection, "wearing a safety
  1 12 helmet" means having a safety helmet that complies with the
  1 13 standards and specifications established in 49 C.F.R. {571.218
  1 14 on the person's head that is fastened with the helmet straps
  1 15 and that is of a size that fits the person's head securely
  1 16 without excessive lateral or vertical movement. The department
  1 17 shall adopt rules establishing guidelines for approved safety
  1 18 helmets and shall maintain and publish a list of approved
  1 19 safety helmets. The list need not be inclusive.
  1 20    Sec. 2.  NEW SECTION.  321I.21A  Minors under eighteen ====
  1 21 helmets required.
  1 22    1.  A person under eighteen years of age shall not operate
  1 23 an all=terrain vehicle, including an off=road motorcycle, on a
  1 24 designated riding area, designated riding trail, public land,
  1 25 or public ice unless the person is wearing a safety helmet.
  1 26    2.  A person shall not operate an all=terrain vehicle,
  1 27 including an off=road motorcycle, on a designated riding area,
  1 28 designated riding trail, public land, or public ice accompanied
  1 29 by a passenger under eighteen years of age unless the passenger
  1 30 is wearing a safety helmet.
  1 31    3.  For purposes of this section, "wearing a safety helmet"
  1 32 means as defined in section 321.275.
  1 33    Sec. 3.  Section 805.8A, subsection 6, paragraph b, Code
  1 34 2018, is amended to read as follows:
  1 35    b.  Section 321.275, subsections 1 through, 2, 3, 4, 5, 6,
  2  1  7, and 9
  2  2 $ 35.
  2  3    Sec. 4.  Section 805.8B, subsection 2A, Code 2018, is amended
  2  4 by adding the following new paragraph:
  2  5    NEW PARAGRAPH.  0h.  For violations of section 321I.21A, the
  2  6 scheduled fine is thirty=five dollars.
  2  7                           EXPLANATION
  2  8 The inclusion of this explanation does not constitute agreement with
  2  9 the explanation's substance by the members of the general assembly.
  2 10    This bill prohibits a person under 18 years of age from
  2 11 operating a motorcycle or motorized bicycle on the highways
  2 12 unless the person is wearing a safety helmet. The bill also
  2 13 prohibits any person from operating a motorcycle or motorized
  2 14 bicycle on the highways accompanied by a passenger under 18
  2 15 years of age unless the passenger is wearing a safety helmet.
  2 16 The bill provides that a violation of these provisions is
  2 17 punishable by a scheduled fine of $35.
  2 18    In addition, the bill prohibits a person under 18 years
  2 19 of age from operating an all=terrain vehicle, including an
  2 20 off=road motorcycle, on a designated riding area, designated
  2 21 riding trail, public land, or public ice unless the person is
  2 22 wearing a safety helmet. The bill also prohibits any person
  2 23 from operating an all=terrain vehicle, including an off=road
  2 24 motorcycle, on a designated riding area, designated riding
  2 25 trail, public land, or public ice accompanied by a passenger
  2 26 under 18 years of age unless the passenger is wearing a safety
  2 27 helmet. The bill provides that a violation of these provisions
  2 28 is punishable by a scheduled fine of $35.
  2 29    Under the bill, "wearing a safety helmet" means having
  2 30 a safety helmet that complies with the standards and
  2 31 specifications established in the Code of Federal Regulations
  2 32 on the person's head that is fastened with the helmet straps
  2 33 and that is of a size that fits the person's head securely
  2 34 without excessive lateral or vertical movement.
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