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| 54 | 55 | | An Act |
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| 58 | 59 | | amending section 28-964, Arizona Revised Statutes; relating to vehicles. |
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| 64 | 65 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 68 | 69 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-964, Arizona Revised Statutes, is amended to read: START_STATUTE28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; citations; civil penalty; community service A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner. A law enforcement officer may issue a citation for a violation of this subsection only to an operator or passenger who is sixteen or seventeen years of age and who has been issued a driver license or permit. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to any of the following: 1. Electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab. 2. A motorcycle, all-terrain vehicle or motor driven cycle that is a farm or agricultural vehicle if the operator or passenger is engaged in agricultural work. 3. An all-terrain vehicle as defined in section 28-101, paragraph 3, subdivision (b). 4. A motorcycle, all-terrain vehicle or motor driven cycle that is operated on private property. B. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator. A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat and footrests for the passenger. C. An operator of a motorcycle, all-terrain vehicle or motor driven cycle who is at least eighteen years of age may be issued a citation if either of the following occurs: 1. A passenger of the motorcycle, all-terrain vehicle or motor driven cycle is under eighteen years of age and is not wearing a protective helmet as prescribed in subsection A of this section. 2. The operator or passenger of the motorcycle, all-terrain vehicle or motor driven cycle is under eighteen years of age and is both: (a) Not wearing a protective helmet as prescribed in subsection A of this section. (b) In the same group or party as the operator of the initial motorcycle, all-terrain vehicle or motor driven cycle who is at least eighteen years of age. D. For an initial violation of this section, a person is subject to a civil penalty of $100 or community service if the person is sixteen or seventeen years of age at the time of the violation. END_STATUTE |
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| 70 | 71 | | Be it enacted by the Legislature of the State of Arizona: |
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| 71 | 72 | | |
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| 72 | 73 | | Section 1. Section 28-964, Arizona Revised Statutes, is amended to read: |
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| 73 | 74 | | |
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| 74 | 75 | | START_STATUTE28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; citations; civil penalty; community service |
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| 75 | 76 | | |
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| 76 | 77 | | A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner. A law enforcement officer may issue a citation for a violation of this subsection only to an operator or passenger who is sixteen or seventeen years of age and who has been issued a driver license or permit. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to any of the following: |
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| 77 | 78 | | |
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| 78 | 79 | | 1. Electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab. |
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| 79 | 80 | | |
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| 80 | 81 | | 2. A motorcycle, all-terrain vehicle or motor driven cycle that is a farm or agricultural vehicle if the operator or passenger is engaged in agricultural work. |
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| 81 | 82 | | |
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| 82 | 83 | | 3. An all-terrain vehicle as defined in section 28-101, paragraph 3, subdivision (b). |
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| 83 | 84 | | |
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| 84 | 85 | | 4. A motorcycle, all-terrain vehicle or motor driven cycle that is operated on private property. |
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| 85 | 86 | | |
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| 86 | 87 | | B. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator. A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat and footrests for the passenger. |
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| 87 | 88 | | |
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| 88 | 89 | | C. An operator of a motorcycle, all-terrain vehicle or motor driven cycle who is at least eighteen years of age may be issued a citation if either of the following occurs: |
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| 89 | 90 | | |
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| 90 | 91 | | 1. A passenger of the motorcycle, all-terrain vehicle or motor driven cycle is under eighteen years of age and is not wearing a protective helmet as prescribed in subsection A of this section. |
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| 91 | 92 | | |
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| 92 | 93 | | 2. The operator or passenger of the motorcycle, all-terrain vehicle or motor driven cycle is under eighteen years of age and is both: |
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| 93 | 94 | | |
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| 94 | 95 | | (a) Not wearing a protective helmet as prescribed in subsection A of this section. |
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| 95 | 96 | | |
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| 96 | 97 | | (b) In the same group or party as the operator of the initial motorcycle, all-terrain vehicle or motor driven cycle who is at least eighteen years of age. |
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| 97 | 98 | | |
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| 98 | 99 | | D. For an initial violation of this section, a person is subject to a civil penalty of $100 or community service if the person is sixteen or seventeen years of age at the time of the violation. END_STATUTE |
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