28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; citations; civil penalty; community restitution

A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner. A law enforcement officer may issue a citation for a violation of this subsection only to an operator or passenger who is sixteen or seventeen years of age and who has been issued a driver license or permit. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to any of the following:

1. Electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab.

2. A motorcycle, all-terrain vehicle or motor driven cycle that is a farm or agricultural vehicle if the operator or passenger is engaged in agricultural work.

3. An all-terrain vehicle as defined in section 28-101, paragraph 3, subdivision (b).

4. A motorcycle, all-terrain vehicle or motor driven cycle that is operated on private property.

B. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator.  A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat and footrests for the passenger.

C. An operator of a motorcycle, all-terrain vehicle or motor driven cycle who is at least eighteen years of age may be issued a citation if either of the following occurs:

1. A passenger of the motorcycle, all-terrain vehicle or motor driven cycle is under eighteen years of age and is not wearing a protective helmet as prescribed in subsection A of this section.

2. The operator or passenger of the motorcycle, all-terrain vehicle or motor driven cycle is under eighteen years of age and is both:

(a) Not wearing a protective helmet as prescribed in subsection A of this section.

(b) In the same group or party as the operator of the initial motorcycle, all-terrain vehicle or motor driven cycle who is at least eighteen years of age.

D. For an initial violation of this section, a person is subject to a civil penalty of $100 or community service if the person is sixteen or seventeen years of age at the time of the violation.