Riding on Motorcycles

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  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 the motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.
  2. A person shall ride upon a motorcycle only while sitting astride the seat, headlamp illuminated, facing forward, with one (1) leg on each side of the motorcycle.
  3. No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.
  4. No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
    1. An operator commits an offense who, on the streets of any municipality, roads of any county, or the highways of this state, carries a child as a passenger on a motorcycle whose feet are not on footpegs; provided, that this subsection (e) shall not apply to persons riding in a motorcycle sidecar.
      1. A violation of this subsection (e) is a Class C misdemeanor.
      2. A person charged with a violation of this subsection (e) may, in lieu of appearance in court, submit a fine of fifty dollars ($50.00) to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.
      3. No litigation tax levied pursuant to title 67, chapter 4, part 6 shall be imposed or assessed against anyone convicted of a violation of this subsection (e), nor shall any clerk's fee or court costs, including, but not limited to, any statutory fees of officers, be imposed or assessed against anyone convicted of a violation of this subsection (e).
        1. The revenue generated by ten dollars ($10.00) of the fifty-dollar ($50.00) fine for a person’s first conviction under this subsection (e), shall be deposited in the state general fund without being designated for any specific purpose. The remaining forty dollars ($40.00) of the fifty-dollar ($50.00) fine for a person’s first conviction under this subsection (e) shall be deposited to the child safety fund as provided in § 55-9-602(f).
        2. The revenue generated from a person's second or subsequent conviction under this subsection (e) shall be deposited to the child safety fund as provided in § 55-9-602(f).


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