House File 267 - Introduced HOUSE FILE 267 BY MASCHER A BILL FOR An Act relating to the use of safety helmets by operators of, 1 and passengers on, motorcycles and motorized bicycles, and 2 making a penalty applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2132YH (2) 86 ns/nh
H.F. 267 Section 1. Section 321.275, subsection 2, Code 2015, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. Helmets. 3 (1) A person shall not operate a motorcycle or motorized 4 bicycle on a highway of this state if the operator or any 5 passenger is not wearing a safety helmet. A person shall 6 not ride as a passenger on a motorcycle or motorized bicycle 7 being operated on a highway of this state if the operator, the 8 person, or any other passenger is not wearing a safety helmet. 9 (2) For purposes of this paragraph “c” , “wearing a safety 10 helmet” means having a safety helmet that complies with the 11 standards and specifications established in 49 C.F.R. §571.218 12 on the person’s head that is fastened with the helmet straps 13 and that is of a size that fits the person’s head securely 14 without excessive lateral or vertical movement. The department 15 shall adopt rules establishing guidelines for approved safety 16 helmets and shall maintain and publish a list of approved 17 safety helmets. The list need not be inclusive. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill requires the operator and passenger on a 22 motorcycle or motorized bicycle to each wear a safety helmet 23 when the vehicle is operated on a highway. The bill prohibits 24 a person from operating a motorcycle or motorized bicycle on 25 a highway if the operator or any passenger is not wearing a 26 safety helmet. The bill also prohibits a person from being a 27 passenger on a motorcycle or motorized bicycle if the operator 28 is not wearing a safety helmet. 29 The safety helmet must be in compliance with federal 30 regulations and must fit the person’s head securely and be 31 fastened with helmet straps. The bill directs the department 32 of transportation to establish guidelines for motorcycle safety 33 helmets and to maintain and publish a list of approved helmets. 34 Pursuant to current law, a violation of motorcycle or 35 -1- LSB 2132YH (2) 86 ns/nh 1/ 2
H.F. 267 motorized bicycle provisions is a simple misdemeanor punishable 1 by a scheduled fine of $35. 2 -2- LSB 2132YH (2) 86 ns/nh 2/ 2