Senate File 96 - Introduced SENATE FILE 96 BY KINNEY and DVORSKY A BILL FOR An Act requiring minors to wear helmets while riding 1 motorcycles, motorized bicycles, and all-terrain vehicles, 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1105XS (3) 87 ns/nh
S.F. 96 Section 1. Section 321.275, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. Helmets required for minors. 3 a. A person under eighteen years of age shall not operate 4 a motorcycle or motorized bicycle on the highways unless the 5 person is wearing a safety helmet. 6 b. A person shall not operate a motorcycle or motorized 7 bicycle on the highways accompanied by a passenger under 8 eighteen years of age unless the passenger is wearing a safety 9 helmet. 10 c. For purposes of this subsection, “wearing a safety 11 helmet” means having a safety helmet that complies with the 12 standards and specifications established in 49 C.F.R. §571.218 13 on the person’s head that is fastened with the helmet straps 14 and that is of a size that fits the person’s head securely 15 without excessive lateral or vertical movement. The department 16 shall adopt rules establishing guidelines for approved safety 17 helmets and shall maintain and publish a list of approved 18 safety helmets. The list need not be inclusive. 19 Sec. 2. NEW SECTION . 321I.21A Minors under eighteen —— 20 helmets required. 21 1. A person under eighteen years of age shall not operate 22 an all-terrain vehicle, including an off-road motorcycle, on 23 a designated riding area or designated riding trail or on 24 public land or public ice unless the person is wearing a safety 25 helmet. 26 2. A person shall not operate an all-terrain vehicle, 27 including an off-road motorcycle, on a designated riding area 28 or designated riding trail or on public land or public ice 29 accompanied by a passenger under eighteen years of age unless 30 the passenger is wearing a safety helmet. 31 3. For purposes of this section, “wearing a safety helmet” 32 means as defined in section 321.275. 33 Sec. 3. Section 805.8A, subsection 6, paragraph b, Code 34 2017, is amended to read as follows: 35 -1- LSB 1105XS (3) 87 ns/nh 1/ 2
S.F. 96 b. Section 321.275, subsections 1 1 through 7 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35. 2 Sec. 4. Section 805.8B, subsection 2A, Code 2017, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . 0h. For violations of section 321I.21A, the 5 scheduled fine is thirty-five dollars. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill prohibits a person under 18 years of age from 10 operating a motorcycle or motorized bicycle on the highways 11 unless the person is wearing a safety helmet. The bill also 12 prohibits any person from operating a motorcycle or motorized 13 bicycle on the highways accompanied by a passenger under 18 14 years of age unless the passenger is wearing a safety helmet. 15 The bill provides that a violation of these provisions is a 16 simple misdemeanor punishable by a scheduled fine of $35. 17 In addition, the bill prohibits a person under 18 years 18 of age from operating an all-terrain vehicle, including an 19 off-road motorcycle, on a designated riding area or designated 20 riding trail or on public land or public ice unless the person 21 is wearing a safety helmet. The bill also prohibits any 22 person from operating an all-terrain vehicle, including an 23 off-road motorcycle, on a designated riding area or designated 24 riding trail or on public land or public ice accompanied by a 25 passenger under 18 years of age unless the passenger is wearing 26 a safety helmet. The bill provides that a violation of these 27 provisions is a simple misdemeanor punishable by a scheduled 28 fine of $35. 29 Under the bill, “wearing a safety helmet” means having 30 a safety helmet that complies with the standards and 31 specifications established in the Code of Federal Regulations 32 on the person’s head that is fastened with the helmet straps 33 and that is of a size that fits the person’s head securely 34 without excessive lateral or vertical movement. 35 -2- LSB 1105XS (3) 87 ns/nh 2/ 2