HB 1458 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1458
AN ACT relative to the wearing of motorcycle protective headgear.
SPONSORS: Rep. Copenhaver, Graf 10; Rep. Brothers, Graf 6; Sen. Squires, Dist 12
This bill requires motorcycle operators to wear protective headgear and requires drivers of motorcycles to receive training on the benefits of protective headgear prior to receiving licensure.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2312
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to the wearing of motorcycle protective headgear.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Special Motorcycle License; Headgear Safety Training Required. Amend RSA 263:31 to read as follows:
263:31 Special Motorcycle Licenses; Waiver of Driving Examination. The department shall cause to be issued a special license for persons without a driver's license or an endorsement on the driver's license for persons who have a driver's license, for all applicants who successfully complete the requirements for a motorcycle license. Applicants for such license shall furnish proof of their fitness to drive a motorcycle as the director shall in his discretion determine. Such proof shall include the applicant's passing a driver examination conducted on a motorcycle and proof of receipt of headgear safety training. The director may waive the requirement for such a driving examination upon receipt of adequate evidence of experience in driving a motorcycle by an applicant under such rules as he may deem necessary, or proof that the applicant has successfully completed a state-approved motorcycle rider education course. No person shall drive a motorcycle on a way of this state, unless such person is duly licensed to drive a motorcycle by a special motorcycle license or endorsement issued under this section, or holds a permit under RSA 263:32. No person shall knowingly authorize or allow the driving of a motorcycle owned by him or in his charge on a way of this state by any person who does not hold a special motorcycle license or endorsement or motorcycle learner's permit.
2 Motorcycle Learner's Permit; Headgear Training Required. Amend RSA 263:32, I to read as follows:
I. Upon application, the department shall issue a motorcycle learner's permit to a person 18 years of age or older or a person who is 16 years of age or older and under 18 years of age who has successfully completed an approved driver education course which included headgear safety training. Applicants for such permit shall furnish proof of their fitness to drive a motorcycle as the director in his discretion shall determine; however, such proof of fitness shall not include a driver examination.
3 Protective Headgear Required. Amend RSA 265:122 to read as follows:
265:122 Protective Headgear.
I. No person [less than 18 years of age may] shall drive or ride upon a motorcycle unless he or she wears protective headgear of a type approved by the director. Such headgear shall be equipped with either a neck or chin strap.
II. The director [is hereby authorized and empowered to] shall adopt rules pursuant to RSA 260:5 covering the types of protective headgear and the specifications therefor and to establish and maintain a list of approved headgear which meet [his] the director's established specifications.
[III. If federal law is altered so that the mandatory wearing of protective headgear on motorcycles by persons less than 18 years of age is not required as a condition to the receipt by the state of any federal funds, paragraphs I and II shall be void.
IV.] III. Any motorcycle operator who transports a person [under the age of 18 years], when such person is in violation of paragraph I, shall be guilty of a violation.
4 Effective Date. This act shall take effect January 1, 2001.