PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Require That Motorcyclists Wear Helmets
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §13106-A, sub-§25, ¶A, as corrected by RR 2011, c. 2, §12, is amended to read:
 
A. A person operating a snowmobile on a snowmobile trail identified by the Department of Agriculture, Conservation and Forestry, Division of Parks and Public Lands as having been funded by the Snowmobile Trail Fund pursuant to section 1893, subsection 3:
 
(1) If the person is under 18 years of age, shall wear protective headgear that conforms to the standards established under Title 29-A, section 2083, subsection 3; and
 
(2) May not carry a passenger under 18 years of age on the snowmobile unless the passenger is wearing protective headgear that conforms to the standards established under Title 29-A, section 2083, subsection 3.
Sec. 2. 12 MRSA §13157-A, sub-§13, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is amended to read:
 
13. Operating ATV without protective headgear.   Notwithstanding Title 29-A, section 2083, aA person under 18 years of age may not operate an ATV without protective headgear.
 
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
 
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. 3. 12 MRSA §13157-A, sub-§14, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is amended to read:
 
14. Carrying passenger on ATV without headgear.  Notwithstanding Title 29-A, section 2083, aA person may not carry a passenger under 18 years of age on an ATV unless the passenger is wearing protective headgear.
 
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
 
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. 4.  29-A MRSA §2062, sub-§8  is enacted to read:
 
8.  Helmets.     A person may not operate a motorcycle or be a passenger on or in a sidecar attached to a motorcycle on a public way unless the person is wearing a protective helmet that conforms 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 for motorcycle helmets and the helmet is properly secured to the person’s head with a chin strap.
Sec. 5. 29-A MRSA §2083, as amended by PL 2009, c. 652, Pt. C, §5, is repealed.
Sec. 6.  29-A MRSA §2120  is enacted to read:
§ 2120. Operating a motorcycle without a helmet
A person commits a traffic infraction for which a fine of not more than $500 may be adjudged if that person operates or is a passenger on or in a sidecar attached to a motorcycle on a public way without wearing a helmet in violation of section 2062, subsection 8.
 
SUMMARY
Current law requires persons under 18 years of age to wear a helmet when operating a motorcycle or riding as a passenger on a motorcycle as well as persons operating under a learner's permit or within one year of completing a driving test and any passengers.
This bill requires all operators and passengers of motorcycles on public ways to wear protective helmets.
This bill also corrects cross-references.