ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: TI DPA 9-0-0-2

HB2750: motorcycle helmets; minors; citations

Sponsor: Representative Nguyen, LD 1

House Engrossed

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.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows 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)

3.   Exempts from the requirement for wearing a protective helmet 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. (Sec. 1)

4.   Exempts from the requirement for wearing a protective helmet a recreational off-highway vehicle that:

a)   is designed primarily for recreational nonhighway all-terrain travel;

b)   is 80 or fewer inches in width;

c) has an unladen weight of 2,500 pounds or less;

d)   travels on four or more nonhighway tires;

e)   has a steering wheel for steering control;

f) has a rollover protective structure; and

g)   has an occupant retention system. (Sec. 1)

h)    

i)  

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k)                           HB 2750

l) Initials LM     Page 0 House Engrossed

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