| 1 | 1 | | 1 HB294 |
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| 2 | 2 | | 2 214818-1 |
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| 3 | 3 | | 3 By Representative Kiel |
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| 4 | 4 | | 4 RFD: Public Safety and Homeland Security |
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| 5 | 5 | | 5 First Read: 08-FEB-22 |
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| 6 | 6 | | |
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| 7 | 7 | | Page 0 1 214818-1:n:08/12/2021:CMH/bm LSA2021-1795 |
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| 8 | 8 | | 2 |
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| 9 | 9 | | 3 |
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| 10 | 10 | | 4 |
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| 11 | 11 | | 5 |
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| 12 | 12 | | 6 |
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| 13 | 13 | | 7 |
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| 14 | 14 | | 8 SYNOPSIS: Under existing law, no person may operate a |
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| 15 | 15 | | 9 motorcycle unless the person is wearing protective |
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| 16 | 16 | | 10 headgear. |
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| 17 | 17 | | 11 This bill would authorize a person who is 21 |
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| 18 | 18 | | 12 years of age or older to operate a motorcycle |
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| 19 | 19 | | 13 without wearing protective headgear if the person |
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| 20 | 20 | | 14 has a separate health insurance policy insuring the |
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| 21 | 21 | | 15 person for $10,000 or more in medical benefits for |
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| 22 | 22 | | 16 injuries incurred as a result of a crash while |
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| 23 | 23 | | 17 operating a motorcycle. |
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| 24 | 24 | | 18 |
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| 25 | 25 | | 19 A BILL |
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| 26 | 26 | | 20 TO BE ENTITLED |
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| 27 | 27 | | 21 AN ACT |
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| 28 | 28 | | 22 |
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| 29 | 29 | | 23 Relating to motorcycles; to amend Section 32-5A-245, |
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| 30 | 30 | | 24 Code of Alabama 1975, to authorize the operation of a |
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| 31 | 31 | | 25 motorcycle without protective headgear under certain |
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| 32 | 32 | | 26 conditions. |
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| 33 | 33 | | 27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 34 | 34 | | Page 1 1 Section 1. Section 32-5A-245, Code of Alabama 1975, |
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| 35 | 35 | | 2 is amended to read as follows: |
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| 36 | 36 | | 3 "ยง32-5A-245. |
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| 37 | 37 | | 4 "(a)(1) No Except as provided in subdivision (2), no |
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| 38 | 38 | | 5 person shall operate or ride upon a motorcycle or motor-driven |
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| 39 | 39 | | 6 cycle unless he or she is wearing protective headgear which |
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| 40 | 40 | | 7 complies with standards established by Section 32-12-41. |
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| 41 | 41 | | 8 "(2) A person 21 or more years of age may operate or |
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| 42 | 42 | | 9 ride upon a motorcycle without wearing protective headgear |
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| 43 | 43 | | 10 securely fastened upon his or her head if the person is |
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| 44 | 44 | | 11 covered by an insurance policy providing for ten thousand |
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| 45 | 45 | | 12 dollars ($10,000) or more in medical benefits for injuries |
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| 46 | 46 | | 13 incurred as a result of a crash while operating or riding upon |
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| 47 | 47 | | 14 a motorcycle. |
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| 48 | 48 | | 15 "(b) No person shall operate or ride upon a |
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| 49 | 49 | | 16 motorcycle or motor-driven cycle unless he or she is wearing |
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| 50 | 50 | | 17 shoes. |
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| 51 | 51 | | 18 "(c) This section shall not apply to persons riding |
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| 52 | 52 | | 19 within an enclosed cab. |
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| 53 | 53 | | 20 "(d) The Director of Public Safety is hereby |
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| 54 | 54 | | 21 authorized to Secretary of the Alabama State Law Enforcement |
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| 55 | 55 | | 22 Agency may approve or disapprove protective headgear, and to |
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| 56 | 56 | | 23 issue may adopt and enforce regulations rules establishing |
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| 57 | 57 | | 24 standards and specifications for the approval thereof. The |
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| 58 | 58 | | 25 Director of Public Safety Secretary of ALEA shall publish |
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| 59 | 59 | | 26 lists of all protective headgear which that have been approved |
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| 60 | 60 | | 27 by him or her. |
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| 61 | 61 | | Page 2 1 "(e) No person shall knowingly permit or allow any |
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| 62 | 62 | | 2 juvenile for whom he or she is a parent or guardian to operate |
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| 63 | 63 | | 3 or ride upon a motorcycle or motor-driven cycle while not |
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| 64 | 64 | | 4 wearing a protective helmet of the kind authorized by Section |
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| 65 | 65 | | 5 32-12-41. |
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| 66 | 66 | | 6 "(f) No person shall knowingly permit or allow any |
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| 67 | 67 | | 7 juvenile for whom he or she is a parent or guardian to operate |
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| 68 | 68 | | 8 or ride upon a motorcycle or motor-driven cycle while not |
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| 69 | 69 | | 9 wearing shoes. |
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| 70 | 70 | | 10 "(g) No manufacturer, retailer or other person shall |
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| 71 | 71 | | 11 sell or offer for sale motorcycle helmets that fail to comply |
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| 72 | 72 | | 12 with the standards established by the Director of Public |
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| 73 | 73 | | 13 Safety rules adopted pursuant to this section." |
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| 74 | 74 | | 14 Section 2. This act shall become effective on the |
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| 75 | 75 | | 15 first day of the third month following its passage and |
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| 76 | 76 | | 16 approval by the Governor, or its otherwise becoming law. |
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| 77 | 77 | | Page 3 |
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