HF 381 (LSB 2280YH (5) 88)

HOUSE FILE 381

BY  MASCHER

A BILL FOR

An Act relating to the use of safety helmets by operators of, and passengers on, motorcycles and motorized bicycles, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.275, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Helmets required.
   a.  A person shall not operate a motorcycle or motorized bicycle on the highways unless the operator and any passengers are wearing a safety helmet. A person shall not ride as a passenger on a motorcycle or motorized bicycle being operated on the highways unless the operator, the person, and any other passengers are wearing a safety helmet.
   b.  For purposes of this subsection, “wearing a safety helmet” means having a safety helmet that complies with the standards and specifications established in 49 C.F.R. §571.218 on the person’s head that is fastened with the helmet straps and that is of a size that fits the person’s head securely without excessive lateral or vertical movement. The department shall adopt rules establishing guidelines for approved safety helmets and shall maintain and publish a list of approved safety helmets. The list may be exclusive.
    Sec. 2.  Section 805.8A, subsection 6, paragraph b, Code 2019, is amended to read as follows:
   b.  Section 321.275, subsections 1
through 7, and 9$ 35.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from operating a motorcycle or motorized bicycle on the highways unless the operator and any passengers are wearing a safety helmet. The bill also prohibits a person from riding as a passenger on a motorcycle or motorized bicycle unless the operator, the person, and any other passengers are wearing a safety helmet. A safety helmet must be in compliance with federal regulations and must fit the person’s head securely and be fastened with helmet straps. The bill directs the department of transportation to establish guidelines for motorcycle safety helmets and to maintain and publish a list of approved helmets.
   A violation of the bill is punishable by a scheduled fine of $35.