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