House
File
2202
-
Introduced
HOUSE
FILE
2202
BY
MASCHER
A
BILL
FOR
An
Act
relating
to
helmet
usage
by
motorcycle
and
motorized
1
bicycle
operators
and
passengers
under
eighteen
years
of
age
2
and
providing
a
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2202
Section
1.
Section
321.210,
subsection
2,
Code
2011,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
f.
Violations
of
motorcycle
helmet
3
requirements
under
section
321.447.
4
Sec.
2.
NEW
SECTION
.
321.447
Persons
under
age
eighteen
——
5
motorcycle
helmet
required.
6
1.
A
person
under
eighteen
years
of
age
who
is
operating
7
a
motorcycle
or
motorized
bicycle
or
who
is
being
transported
8
on
a
motorcycle
or
motorized
bicycle
shall
wear
a
properly
9
adjusted
and
fastened
motorcycle
helmet
any
time
the
vehicle
10
is
in
motion
on
a
street
or
highway.
For
purposes
of
this
11
section,
“motorcycle
helmet”
means
a
helmet
that
complies
with
12
the
standards
and
specifications
established
under
49
C.F.R.
13
§
571.218.
14
2.
The
operator
and
passenger
may
each
be
charged
separately
15
for
a
violation
of
this
section.
A
person
who
violates
this
16
section
commits
a
simple
misdemeanor
punishable
as
a
scheduled
17
violation
under
section
805.8A,
subsection
14,
paragraph
“c”
.
18
Sec.
3.
Section
321.555,
subsection
2,
Code
2011,
is
amended
19
to
read
as
follows:
20
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
21
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
22
are
required
to
be
reported
to
the
department
by
section
23
321.491
or
chapter
321C
,
except
equipment
violations,
parking
24
violations
as
defined
in
section
321.210
,
violations
of
25
registration
laws,
violations
of
sections
321.445
,
and
321.446
,
26
and
321.447,
violations
of
section
321.276
,
operating
a
vehicle
27
with
an
expired
license
or
permit,
failure
to
appear,
weights
28
and
measures
violations
and
speeding
violations
of
less
than
29
fifteen
miles
per
hour
over
the
legal
speed
limit.
30
Sec.
4.
Section
805.8A,
subsection
14,
paragraph
c,
Code
31
Supplement
2011,
is
amended
by
adding
the
following
new
32
subparagraph:
33
NEW
SUBPARAGRAPH
.
(3)
For
a
violation
under
section
34
321.447,
the
scheduled
fine
is
fifty
dollars.
35
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2202
EXPLANATION
1
This
bill
requires
that
a
person
under
18
years
of
age
shall
2
wear
a
properly
adjusted
and
fastened
motorcycle
helmet
when
3
operating
or
being
transported
on
a
motorcycle
or
motorized
4
bicycle.
The
helmet
must
comply
with
federal
standards
and
5
specifications
for
motorcycle
helmets.
6
A
violation
of
the
helmet
requirement
is
a
simple
7
misdemeanor
punishable
by
a
scheduled
fine
of
$50.
The
8
operator
of
the
motorcycle
or
motorized
bicycle
and
the
9
passenger
may
each
be
charged
separately
with
a
violation.
10
However,
violations
of
helmet
requirements
may
not
be
taken
11
into
account
for
purposes
of
determining
a
person
to
be
a
12
habitual
violator
of
traffic
laws
subject
to
administrative
13
suspension
of
a
driver’s
license.
These
penalty
provisions
14
mirror
existing
law
pertaining
to
the
use
of
seat
belts.
15
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