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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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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