House File 494 - Introduced



                                       HOUSE FILE       
                                       BY  SHOULTZ


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring the use of protective headgear for motorcycle
  2    passengers under sixteen years of age.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2598YH 81
  5 dea/pj/5

PAG LIN



  1  1    Section 1.  Section 321.210, subsection 2, paragraph b,
  1  2 Code 2005, is amended to read as follows:
  1  3    b.  Violations of requirements to install and or use safety
  1  4 belts, safety harnesses, and child restraint devices, and
  1  5 protective headgear under sections 321.445, and 321.446, and
  1  6 321.447.
  1  7    Sec. 2.  NEW SECTION.  321.447  PROTECTIVE HEADGEAR FOR
  1  8 MOTORCYCLE PASSENGERS UNDER AGE SIXTEEN.
  1  9    1.  A child under sixteen years of age shall not be
  1 10 transported on a highway as a passenger on a motorcycle or in
  1 11 a sidecar attached to a motorcycle unless the child is wearing
  1 12 protective headgear as required by rules adopted by the
  1 13 department.  For purposes of this section, "motorcycle"
  1 14 includes a motorized bicycle.
  1 15    2.  A motorcycle operator who violates this section is
  1 16 guilty of a simple misdemeanor punishable as a scheduled
  1 17 violation under section 805.8A, subsection 14, paragraph "c".
  1 18    Sec. 3.  Section 321.555, subsection 2, Code 2005, is
  1 19 amended to read as follows:
  1 20    2.  Six or more of any separate and distinct offenses
  1 21 within a two=year period in the operation of a motor vehicle,
  1 22 which are required to be reported to the department by section
  1 23 321.491 or chapter 321C, except equipment violations, parking
  1 24 violations as defined in section 321.210, violations of
  1 25 registration laws, violations of sections 321.445, and
  1 26 321.446, and 321.447, operating a vehicle with an expired
  1 27 license or permit, failure to appear, weights and measures
  1 28 violations and speeding violations of less than fifteen miles
  1 29 per hour over the legal speed limit.
  1 30    Sec. 4.  Section 805.8A, subsection 14, paragraph c, Code
  1 31 2005, is amended to read as follows:
  1 32    c.  SEAT BELT, OR RESTRAINT, OR HELMET VIOLATIONS.  For
  1 33 violations under sections 321.445, and 321.446, and 321.447,
  1 34 the scheduled fine is twenty=five dollars.
  1 35                           EXPLANATION
  2  1    This bill requires that a child under 16 years of age who
  2  2 is being transported as a passenger on a motorcycle or in a
  2  3 sidecar attached to a motorcycle being operated on the highway
  2  4 must be wearing protective headgear, as specified in
  2  5 administrative rules to be adopted by the state department of
  2  6 transportation.  The bill includes motorized bicycles in this
  2  7 provision.
  2  8    A motorcycle operator who transports a child in violation
  2  9 of this provision commits a simple misdemeanor, punishable by
  2 10 a scheduled fine of $25.  The bill specifies that a violation
  2 11 of the headgear requirement is not to be considered by the
  2 12 department for purposes of license suspension or habitual
  2 13 offender determinations.
  2 14 LSB 2598YH 81
  2 15 dea:nh/pj/5