1 HB37 2 215239-1 3 By Representatives Meadows, McMillan and Ledbetter 4 RFD: Public Safety and Homeland Security 5 First Read: 11-JAN-22 Page 0 1 215239-1:n:09/30/2021:CMH/bm LSA2021-2090 2 3 4 5 6 7 8 SYNOPSIS: Existing law provides for the operation of 9 an autocycle and equipment required for legal 10 operation. 11 This bill would further provide for the 12 operation of an autocycle and would require the 13 vehicle to be equipped with a roll cage or roll 14 hoops, brakes that meet certain federal 15 requirements, and a steering wheel or steering 16 mechanism. 17 Existing law requires the operator of a 18 motorcycle to wear protective headgear. 19 This bill would exempt the operator of an 20 autocycle from protective headgear equipment 21 requirements. 22 23 A BILL 24 TO BE ENTITLED 25 AN ACT 26 Page 1 1 Relating to motor vehicles; to amend Section 2 32-6A-1, Code of Alabama 1975, to further provide for the 3 requirements of autocyles; and to amend Section 32-5A-245, 4 Code of Alabama 1975, to exempt autocycles from certain 5 equipment requirements. 6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 7 Section 1. Sections 32-6A-1 and 32-5A-245, Code of 8 Alabama 1975, are amended to read as follows: 9 "§32-6A-1. 10 "(a) For the purposes of this chapter, an 11 "autocycle" means a motor vehicle that is designed to travel 12 with three wheels on the ground,; is equipped with a steering 13 wheel or steering mechanism, a roll cage or roll hoops, a seat 14 belt for each occupant, brakes that meet the requirements of 15 Federal Motor Vehicle Safety Standard No. 122, and equipped 16 with seating that does not require the operator to straddle or 17 sit astride the seat,; and is manufactured and certified to 18 comply with the applicable federal safety requirements for a 19 motorcycle including, but not limited to, Part 571 of Title 20 49, Code of Federal Regulations motorcycle safety standards 21 under 49 C.F.R. Part 571 by a manufacturer registered with the 22 National Highway Transportation Safety Administration. 23 "(b) The operator of an autocycle shall be required 24 to have a regular driver's license and shall not be required 25 to have a Class M displayed on his or her driver's license or 26 a Class M motorcycle license. Page 2 1 "(c) An autocycle shall be equipped with a seat 2 belt, and the The operator of an autocycle shall be subject to 3 the requirements of the seat belt law when operating the 4 vehicle. 5 "(d) For the purposes of this title and Title 40, an 6 autocycle shall be registered, taxed, and titled in the same 7 manner as a motorcycle and shall otherwise be considered a 8 motorcycle for the purposes of this title and Title 40. 9 "(e) A person 17 years of age or younger operating 10 an autocycle shall be subject to the operating hours, 11 exceptions, and suspensions provided in Section 32-6-7.2. 12 "§32-5A-245. 13 "(a) No person shall operate or ride upon a 14 motorcycle or motor-driven cycle unless he or she is wearing 15 protective headgear which complies with standards established 16 by Section 32-12-41. 17 "(b) No person shall operate or ride upon a 18 motorcycle or motor-driven cycle unless he or she is wearing 19 shoes. 20 "(c)(1) This section shall not apply to persons 21 riding within an enclosed cab. 22 "(2) This section does not apply to the operator of 23 an autocycle, as defined under Section 32-6A-1. 24 "(d) The Director of Public Safety is hereby 25 authorized to Secretary of the Alabama State Law Enforcement 26 Agency may approve or disapprove protective headgear, and to 27 issue may adopt and enforce regulations rules establishing Page 3 1 standards and specifications for the approval thereof. The 2 Director of Public Safety secretary shall publish lists of all 3 protective headgear which have been approved by him or her. 4 "(e) No person shall knowingly permit or allow any 5 juvenile for whom he or she is a parent or guardian to operate 6 or ride upon a motorcycle or motor-driven cycle while not 7 wearing a protective helmet of the kind authorized by Section 8 32-12-41. 9 "(f) No person shall knowingly permit or allow any 10 juvenile for whom he or she is a parent or guardian to operate 11 or ride upon a motorcycle or motor-driven cycle while not 12 wearing shoes. 13 "(g) No manufacturer, retailer or other person shall 14 sell or offer for sale motorcycle helmets that fail to comply 15 with the standards established by the Director of Public 16 Safety Secretary of the Alabama State Law Enforcement Agency 17 pursuant to this section. 18 Section 2. This act shall become on the first day of 19 the third month following its passage and approval by the 20 Governor, or its otherwise becoming law. Page 4