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 TLSB 5906YH (3) 84 dea/nh
H.F. 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 -1- LSB 5906YH (3) 84 dea/nh 1/ 2
H.F. 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 -2- LSB 5906YH (3) 84 dea/nh 2/ 2