1. Requirement. The following persons must wear protective headgear:
A. If under 18 years of age, a passenger on a motorcycle or moped or in an attached side car; [PL 2017, c. 51, §1 (AMD).]
B. If under 18 years of age, an operator of a motorcycle or moped; [PL 2017, c. 51, §2 (AMD).]
C. An operator of a motorcycle or moped, operating under a learner’s permit or within one year of successfully completing a driving test; and [PL 2017, c. 51, §3 (AMD).]
D. A passenger of an operator required to wear headgear. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
This subsection does not apply to the operation of an autocycle.

[PL 2019, c. 345, §8 (AMD).]

Terms Used In Maine Revised Statutes Title 29-A Sec. 2083

  • Autocycle: means a 3-wheeled motorcycle that has a steering wheel or handlebars, floor pedals for automotive-style controls and seating that does not require the operator to straddle or sit astride a seat and that:
A. See Maine Revised Statutes Title 29-A Sec. 101
  • Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
  • Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • highway: means a public way. See Maine Revised Statutes Title 29-A Sec. 101
  • Moped: means a motorized device designed to travel with only 2 or 3 10-inch or larger diameter wheels in contact with the ground and that:
  • A. See Maine Revised Statutes Title 29-A Sec. 101
  • Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
  • A. See Maine Revised Statutes Title 29-A Sec. 101
  • Motorcycle: means a motor vehicle that has a seat or a saddle for the use of the rider and is designed to travel with only 2 or 3 10-inch or larger diameter wheels in ground contact and has a motor with a cylinder capacity of more than 50 cubic centimeters or an electric motor with a capacity of not less than 1,500 watts. See Maine Revised Statutes Title 29-A Sec. 101
  • Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
  • 2. Compliance. An operator of a motorcycle or moped or a parent or guardian may not allow a passenger under the age of 18 years to ride in violation of this section.

    [PL 2017, c. 51, §4 (AMD).]

    3. Standard. Protective headgear must conform with minimum standards of construction and performance as prescribed by the American National Standards Institute specifications Z 90.1 or by the Federal Motor Vehicle Safety Standard No. 218.

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    4. Public program. In furtherance of reasonable protective public policy, the Department of Public Safety, Bureau of Highway Safety must develop and implement a public information and education program designed to encourage helmet utilization by all motorcycle and moped riders.

    [PL 2005, c. 577, §33 (AMD).]

    5. Violation. Violation of this section is a traffic infraction.

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    SECTION HISTORY

    PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 2005, c. 577, §33 (AMD). PL 2009, c. 50, §§1-3 (AMD). PL 2009, c. 55, §4 (AMD). PL 2009, c. 652, Pt. C, §5 (AMD). PL 2017, c. 51, §§1-4 (AMD). PL 2019, c. 345, §8 (AMD).