A BILL TO BE ENTITLED

Since posting my latest clarification of the proposals related to the NC motorcycle safety helmet statutes, I have received several responses asking me what a “clean” helmet-repeal bill would look like.  The following bill proposal was submitted by a Gaston County member in response to our request for constructive comments and ideas.  The underlined sections are the changes that will be implemented upon passage.  Remember to send your comments to me at docskivnv@earthlink.net :

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AN ACT to make changes in motor vehicle law regarding the wearing of a safety helmet.

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SECTION 1.  G.S. 20‑140.4 reads as rewritten:

"§ 20‑140.4.  Special provisions for motorcycles and mopeds.

(a)       No person shall operate a motorcycle or moped upon a highway or public vehicular area:

(1)       When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.

(2)       Unless the operator and all passengers thereon wear on their head, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.

(3)    Operators with a valid motorcycle endorsement and passengers 21 years of age and older are excluded from section (a2)

(b)       Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.

(c)       Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20‑135.2A(e) and (f)."