(1) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent seat if designed for two persons or upon another seat firmly attached to the motorcycle at the rear or side of the operator.
A person shall ride upon a motorcycle only while sitting astride the seat, facingforward, with one leg on either side of the motorcycle.
No person shall operate a motorcycle while carrying packages, bundles, or other articles which prevent the person from keeping both hands on the handlebars.
No operator shall carry any person nor shall any person ride in a position that willinterfere with the operation or control of the motorcycle or the view of the operator.
(4.5) (a) Except as provided in paragraph (c) of this subsection (4.5), a person shall not drive or ride as a passenger on a motorcycle or low-power scooter on a roadway unless:
Each person under eighteen years of age is wearing a protective helmet of a type anddesign manufactured for use by operators of motorcycles;
The protective helmet conforms to the design and specifications set forth in paragraph (b) of this subsection (4.5); and
The protective helmet is secured properly on the person's head with a chin strapwhile the motorcycle is in motion.
(b) A protective helmet required to be worn by this subsection (4.5) shall:
Be designed to reduce injuries to the user resulting from head impacts and to protectthe user by remaining on the user's head, deflecting blows, resisting penetration, and spreading the force of impact;
Consist of lining, padding, and chin strap; and
Meet or exceed the standards established in the United States department of transportation federal motor vehicle safety standard no. 218, 49 CFR 571.218, for motorcycle helmets.
(c) A person driving or riding a motorcycle need not wear a helmet if the motorcycle has:
Three wheels;
A maximum design speed of twenty-five miles per hour or less;(III) A windshield; and (IV) Seat belts.
(5) Any person who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2398, § 1, effective January 1, 1995. L. 2007: (4.5) added, p. 1480, § 1, effective July 1. L. 2009: IP(4.5)(a) and (4.5)(a)(I) amended, (HB 09-1026), ch. 281, p. 1283, § 63, effective October 1. L. 2015: IP(4.5)(a) amended and (4.5)(c) added, (HB 15-1345), ch. 330, p. 1347, § 3, effective August 5.
Editor's note: This section is similar to former § 42-4-1302 as it existed prior to 1994, and the former § 42-4-1502 was relocated to § 42-4-1703.