61-9-417. Headgear required for minor motorcycle riders. (1) (a) Except as provided in subsection (1)(b), an operator and passenger under 18 years of age of a motorcycle or quadricycle operated on the streets or highways of this state shall wear protective headgear on the head. The headgear must meet standards established by the department of justice.

Terms Used In Montana Code 61-9-417

  • Autocycle: means a three-wheeled motorcycle that is equipped with safety belts, roll bars or roll hoops, a steering wheel, and seating that does not require the operator to straddle or sit astride it. See Montana Code 61-1-101
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Motorcycle: means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. See Montana Code 61-1-101
  • Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
  • person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
  • Quadricycle: means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle on which the operator sits. See Montana Code 61-1-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(b)This section does not apply to an operator and passenger of an autocycle as defined in 61-1-101 that is completely enclosed with a windshield, nonremovable doors, and a roof.

(2)A person may not operate a motorcycle upon a highway in the state unless all passengers under 18 years of age are in compliance with subsection (1).