HB0903112th GA (Historical)Introduced

Amends TCA Section 55-9-302.

Generally under present law, the driver of a motorcycle, motorized bicycle, or motor-driven cycle, and any passenger on such a vehicle, are required to wear a crash helmet meeting federal standards, or, if such driver or passenger is 21 years of age or older, a helmet meeting federal standards.<br /> <br /> This bill revises the present law to only require a driver of or passenger on one of the above-mentioned vehicles to wear a crash helmet meeting federal standards if:<br /> <br /> (1) The driver or passenger is less than 26 years of age; or<br /> <br /> (2) The driver or passenger is 26 years of age or older and fails to maintain medical or health insurance. Coverage under TennCare will not be considered coverage for purposes of exempting a person from the helmet requirement.<br /> <br /> This bill specifies that (2) above will also apply to a passenger in an unenclosed side car or unenclosed cab attached to a motorcycle, motorized bicycle, or motor-driven cycle.<br /> <br /> Under this bill, a law enforcement officer will not be authorized to issue a citation to a person based solely upon evidence of a helmet violation. A law enforcement officer will be authorized to issue a citation if the person is issued a citation for another separate traffic offense in violation of a municipal ordinance or in violation of provisions relating to the operation of motor vehicles or the equipment of such vehicles.<br /> <br /> For purposes of this bill, a "motor-driven cycle" includes a motor scooter or moped.<br />

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Overview

Generally under present law, the driver of a motorcycle, motorized bicycle, or motor-driven cycle, and any passenger on such a vehicle, are required to wear a crash helmet meeting federal standards, or, if such driver or passenger is 21 years of age or older, a helmet meeting federal standards.<br /> <br /> This bill revises the present law to only require a driver of or passenger on one of the above-mentioned vehicles to wear a crash helmet meeting federal standards if:<br /> <br /> (1) The driver or passenger is less than 26 years of age; or<br /> <br /> (2) The driver or passenger is 26 years of age or older and fails to maintain medical or health insurance. Coverage under TennCare will not be considered coverage for purposes of exempting a person from the helmet requirement.<br /> <br /> This bill specifies that (2) above will also apply to a passenger in an unenclosed side car or unenclosed cab attached to a motorcycle, motorized bicycle, or motor-driven cycle.<br /> <br /> Under this bill, a law enforcement officer will not be authorized to issue a citation to a person based solely upon evidence of a helmet violation. A law enforcement officer will be authorized to issue a citation if the person is issued a citation for another separate traffic offense in violation of a municipal ordinance or in violation of provisions relating to the operation of motor vehicles or the equipment of such vehicles.<br /> <br /> For purposes of this bill, a "motor-driven cycle" includes a motor scooter or moped.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
48753300

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HB0903: Amends TCA Section 55-9-302. | LegisGo