Utah Code 41-6a-1505. Motorcycle or motor-driven cycle — Protective headgear — Closed cab excepted — Electric assisted bicycles, motor assisted scooters, electric personal assistive mobility devices

41-6a-1505. Motorcycle or motor-driven cycle — Protective headgear — Closed cab excepted — Electric assisted bicycles, motor assisted scooters, electric personal assistive mobility devices.

(1)

A person under the age of 21 may not operate or ride any of the following on a highway unless the person is wearing protective headgear that complies with specifications adopted under Subsection (3):

Terms Used In Utah Code 41-6a-1505

Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-6a-102
Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:

(i)	an engine with less than 150 cubic centimeters displacement; or

(ii)

a motor that produces not more than five horsepower. See Utah Code 41-6a-102

Motorcycle: means :

(a)	a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or

(b)

an autocycle. See Utah Code 41-6a-102

Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102

Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102

Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102

Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102

(a)

a motorcycle;

(b)	a motor-driven cycle;

(c)	a class 3 electric assisted bicycle; or

(d)	an autocycle that is not fully enclosed.

(2)	This section does not apply to persons riding within an enclosed cab.

(3)

The following standards and specifications for protective headgear are adopted:

(a)	49 C.F.R. § 571.218 related to protective headgear for motorcycles; and

(b)	16 C.F.R. part 1203 related to protective headgear for bicycles, motor assisted scooters, and electric personal assistive mobility devices.

(4)

A court shall waive $8 of a fine charged to a person operating a vehicle described in Subsection (1) for a moving traffic violation if the person was:

(a)	21 years of age or older at the time of operation; and

(b)	wearing protective headgear that complies with the specifications adopted under Subsection (3) at the time of operation.

(5)

The failure to wear protective headgear:

(a)	does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and

(b)	may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages.

(6)	Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a person operating a motorcycle or motor-driven cycle for a driving under the influence violation of Section 41-6a-502.

(7)	A violation of this section is an infraction.

Amended by Chapter 369, 2017 General Session

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