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House Engrossed Senate Bill
traffic violations; photo radar; penalties (now: minors; motorcycle helmets; citations) |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 246
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SENATE BILL 1680 |
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An Act
amending section 28-964, Arizona Revised Statutes; relating to vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-964, Arizona Revised Statutes, is amended to read:
28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; citations; civil penalty; community service
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.
APPROVED BY THE GOVERNOR JUNE 21, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 21, 2024.