SENATE FILE 2085

BY  BOLKCOM, QUIRMBACH, DVORSKY, HOGG, JOCHUM, and MATHIS

A BILL FOR

An Act requiring the use of safety helmets by certain young persons operating motorized bicycles, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.275, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Motorized bicycle operators —— helmets.  A person who is under eighteen years of age shall wear a properly adjusted and fastened safety helmet when operating a motorized bicycle. The safety helmet shall be worn at all times when the motorized bicycle is in motion. For purposes of this subsection, “safety helmet” means a motorcycle safety helmet that complies with the standards and specifications established under 49 C.F.R. § 571.218.
    Sec. 2.  Section 805.8A, subsection 6, Code Supplement 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  Section 321.275, subsection 9.....$ 100.
EXPLANATION
   This bill requires a person under 18 years of age to wear a safety helmet when operating a motorized bicycle. The bill specifies that the safety helmet must meet federal standards for motorcycle helmets and must be worn by the driver at all times when the motorized bicycle is in motion. A violation of the helmet requirement is a simple misdemeanor punishable by a scheduled fine of $100.
   Pursuant to current law, a violation of a requirement for operation of a motorized bicycle qualifies as a moving violation and, as such, is grounds for cancellation of the person’s license to operate a motorized bicycle. A person whose license is canceled may reapply for a license after 30 days. If a person has an instruction permit or intermediate driver’s license, a conviction for a moving violation subjects the permittee or licensee to remedial driver improvement action and may be cause for suspension of the license or permit. If the person has a special minor’s license, or “school” license, a conviction for a moving violation is grounds for license suspension at the discretion of the department of transportation, and two such violations result in mandatory revocation of the license.