House File 465 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


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

                                      A BILL FOR

  1 An Act requiring the use of helmets by motorcycle and motorized
  2    bicycle operators and passengers under eighteen years of age
  3    and providing a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2246HH 82
  6 dea/es/88

PAG LIN



  1  1    Section 1.  Section 321.210, subsection 2, Code 2007, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  Violations of motorcycle helmet
  1  4 requirements under section 321.447.
  1  5    Sec. 2.  NEW SECTION.  321.447  PERSONS UNDER AGE EIGHTEEN
  1  6 == MOTORCYCLE HELMET REQUIRED.
  1  7    1.  A person under eighteen years of age who is operating a
  1  8 motorcycle or motorized bicycle or who is being transported on
  1  9 a motorcycle or motorized bicycle shall wear a properly
  1 10 adjusted and fastened motorcycle helmet any time the vehicle
  1 11 is in motion on a street or highway.  For purposes of this
  1 12 section, "motorcycle helmet" means a helmet that complies with
  1 13 the standards and specifications established under 49 C.F.R. }
  1 14 571.218.
  1 15    2.  The operator and passenger may each be charged
  1 16 separately for a violation of this section.  A person who
  1 17 violates this section commits a simple misdemeanor punishable
  1 18 as a scheduled violation under section 805.8A, subsection 14,
  1 19 paragraph "c".
  1 20    Sec. 3.  Section 321.555, subsection 2, Code 2007, is
  1 21 amended to read as follows:
  1 22    2.  Six or more of any separate and distinct offenses
  1 23 within a two=year period in the operation of a motor vehicle,
  1 24 which are required to be reported to the department by section
  1 25 321.491 or chapter 321C, except equipment violations, parking
  1 26 violations as defined in section 321.210, violations of
  1 27 registration laws, violations of sections 321.445, and
  1 28 321.446, and 321.447, operating a vehicle with an expired
  1 29 license or permit, failure to appear, weights and measures
  1 30 violations, and speeding violations of less than fifteen miles
  1 31 per hour over the legal speed limit.
  1 32    Sec. 4.  Section 805.8A, subsection 14, paragraph c, Code
  1 33 2007, is amended to read as follows:
  1 34    c.  SEAT BELT, OR RESTRAINT, OR HELMET VIOLATIONS.  For
  1 35 violations under sections 321.445, and 321.446, and 321.447,
  2  1 the scheduled fine is twenty=five dollars.
  2  2                           EXPLANATION
  2  3    This bill requires that a person under eighteen years of
  2  4 age shall wear a properly adjusted and fastened motorcycle
  2  5 helmet when operating or being transported on a motorcycle or
  2  6 motorized bicycle.  The helmet must comply with federal
  2  7 standards and specifications for motorcycle helmets.
  2  8    A violation of the helmet requirement is a simple
  2  9 misdemeanor punishable by a scheduled fine of $25.  The
  2 10 operator of the motorcycle or motorized bicycle and the
  2 11 passenger may each be charged separately with a violation.
  2 12 However, violations of helmet requirements may not be taken
  2 13 into account for purposes of determining a person to be a
  2 14 habitual violator of traffic laws subject to administrative
  2 15 suspension of a driver's license.  These penalty provisions
  2 16 mirror existing law pertaining to the use of seat belts and
  2 17 child restraint devices.
  2 18 LSB 2246HH 82
  2 19 dea:nh/es/88