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Senate Study Bill 54

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  321.444A  HELMETS.
  1  2    1.  A motorcycle or motorized bicycle shall not be operated
  1  3 upon a highway unless the person who is operating or riding
  1  4 the motorcycle or motorized bicycle is wearing protective
  1  5 headgear which complies with standards and specifications
  1  6 established under 49 C.F.R. } 571.218.  For purposes of this
  1  7 section, "wearing protective headgear" means having a safety
  1  8 helmet on the person's head that is fastened with the helmet
  1  9 straps and that is of a size that fits the person's head
  1 10 securely without excessive lateral or vertical movement.
  1 11    2.  A person shall not possess for the purpose of sale,
  1 12 offer for sale, or sell protective headgear for use by a
  1 13 person operating or riding a motorcycle or motorized bicycle
  1 14 unless the protective headgear meets the standards and
  1 15 specifications required under this section.
  1 16    Sec. 2.  Section 805.8, subsection 2, paragraph e, Code
  1 17 1995, is amended to read as follows:
  1 18    e.  For improperly used or nonused or defective or improper
  1 19 equipment under sections 321.383, 321.384, 321.385, 321.386,
  1 20 321.398, 321.402, 321.403, 321.404, 321.409, 321.419, 321.420,
  1 21 321.423, 321.430, and 321.433, the scheduled fine is twenty
  1 22 dollars.  For failing to wear protective headgear as required
  1 23 under section 321.444A, the scheduled fine is fifty dollars
  1 24 for an operator and twenty-five dollars for a passenger.  
  1 25                           EXPLANATION
  1 26    Section 321.444A is created in this bill.  The section
  1 27 requires persons who are riding a motorcycle or motorized
  1 28 bicycle on the highway to wear protective headgear.
  1 29    The section also prohibits a person from possessing for
  1 30 sale, offering for sale, or selling protective headgear which
  1 31 does not meet federal standards and specifications.  A person
  1 32 who does so may be charged with a simple misdemeanor which is
  1 33 punishable by a fine of at least $50 but no more than $100 or
  1 34 up to 30 days' imprisonment.
  1 35    Section 805.8 is amended to provide a scheduled fine for
  2  1 failure to wear protective headgear of $50 for the operator
  2  2 and $25 for the passenger.  
  2  3 LSB 1850SC 76
  2  4 js/sc/14
     

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