SB302INTRODUCED
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SB302
9JWA6BB-1
By Senator Shelnutt
RFD: Banking and Insurance
First Read: 08-Apr-25
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5 9JWA6BB-1 04/07/2025 ZAK (L)ZAK 2025-1440
Page 1
First Read: 08-Apr-25
SYNOPSIS:
Under existing law, a person may not operate or
ride on a motorcycle unless that person is wearing
approved protective headgear.
This bill would authorize individuals of a
certain age who carry certain health insurance to
operate or ride on a motorcycle without protective
headgear.
A BILL
TO BE ENTITLED
AN ACT
Relating to motorcycles, to amend Section 32-5A-245,
Code of Alabama 1975, to authorize individuals of a certain
age who carry certain health insurance to operate or ride on a
motorcycle without protective headgear.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-5A-245, Code of Alabama 1975, is
amended to read as follows:
"ยง32-5A-245
(a)(1) No person shall individual may operate or ride
upon a motorcycle or motor-driven cycle unless he or she is
wearing protective headgear that complies with standards
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wearing protective headgear that complies with standards
established by Section 32-12-41.
(2) Notwithstanding subdivision (1), an individual that
is 18 years of age or older may operate or ride on a
motorcycle or motor-driven cycle without wearing protective
headgear if he or she is covered by a health insurance plan
that provides medical benefits for injuries incurred as a
result of a crash while operating or riding on a motorcycle or
motor-driven cycle.
(b) No person shall individual may operate or ride upon
a motorcycle or motor-driven cycle unless he or she is wearing
shoes.
(c)(1) This section shall not apply to persons
individuals riding within an enclosed cab.
(2) This section does not apply to the operator of an
autocycle, as defined under Section 32-6A-1.
(d) The Secretary of the Alabama State Law Enforcement
Agency may approve or disapprove protective headgear and may
adopt and enforce rules establishing standards and
specifications for the approval thereof. The secretary shall
publish lists of all protective headgear which have been
approved by him or her.
(e) No person shall individual may knowingly permit or
allow any juvenile for whom he or she is a parent or guardian
to operate or ride upon a motorcycle or motor-driven cycle
while not wearing a protective helmet of the kind authorized
by Section 32-12-41.
(f) No person shall individual may knowingly permit or
allow any juvenile for whom he or she is a parent or guardian
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allow any juvenile for whom he or she is a parent or guardian
to operate or ride upon a motorcycle or motor-driven cycle
while not wearing shoes.
(g) No manufacturer, retailer, or other person shall
sell or offer for sale motorcycle helmets that fail to comply
with the standards established by the Secretary of the Alabama
State Law Enforcement Agency pursuant to this section."
Section 2. This act shall become effective on October
1, 2025.
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