ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session

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HB2750: motorcycle helmets; minors; citations

Sponsor: Representative Nguyen, LD 1

Committee on Transportation & Infrastructure

Overview

Permits a law enforcement officer to issue a citation for a violation of not wearing a protective helmet to an operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is 16 or 17 years old.

History

An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under 18 years of age must wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner. The protective helmet must 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 must wear at all times protective glasses, goggles or a transparent face shield of a type approved by the Director of the Arizona Department of Transportation unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield.

This requirement does not apply to electrically powered three-wheeled vehicles or three-wheeled vehicles on which the operator and passenger ride within an enclosed cab.

A motorcycle, all-terrain vehicle and motor driven cycle must 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 must be equipped with a seat and footrests for the passenger (A.R.S. § 28-964).

Provisions

1. Allows a law enforcement officer to issue a citation for a violation of not wearing a protective helmet to an operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is 16 or 17 years old. (Sec. 1)

2. Stipulates that an operator of a motorcycle, all-terrain vehicle or motor driven cycle who is at least 16 may be issued a citation if either:

a) a passenger of a motorcycle, all-terrain vehicle or motor driven cycle is under 16 years old and is not wearing a protective helmet; or

b) the operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle is under 16 years old and is both:

i. not wearing a protective helmet; and

ii. in the same group or party as the operator of the initial motorcycle, all-terrain vehicle or motor driven cycle who is at least 16 years old. (Sec. 1)

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vi.                   HB 2750

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