Louisiana 2024 2024 Regular Session

Louisiana House Bill HB317 Introduced / Bill

                    HLS 24RS-118	ORIGINAL
2024 Regular Session
HOUSE BILL NO. 317
BY REPRESENTATIVE SCHAMERHORN
MOTOR VEHICLES:  Removes the helmet requirement for certain motorcycle operators
1	AN ACT
2To amend and reenact R.S. 32:190(A), relative to use of safety helmets; to remove the
3 requirement to wear safety helmets for operators and riders of motorcycles who meet
4 certain requirements; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 32:190(A) is hereby amended and reenacted to read as follows:  
7 ยง190.  Safety helmets
8	A.(1)  No person shall operate or ride upon any motorcycle, motor-driven
9 cycle, or motorized bicycle unless the person is equipped with and is wearing on the
10 head a safety helmet of the type and design manufactured for use by operators of
11 such vehicles, which shall be secured properly with a chin strap while the vehicle is
12 in motion.  All such safety helmets shall consist of lining, padding, visor, and chin
13 strap and shall meet such other specifications as shall be established by the
14 commissioner.
15	(2)  For the purposes of this Subsection, operators and riders of motorcycles
16 shall only include the following:
17	(a)  Persons under the age of twenty-one years.
18	(b)  Persons who are twenty-one years of age and up who have not completed
19 a motorcycle safety course or obtained a motorcycle endorsement on their insurance
20 policy as defined by R.S. 32:863.3.
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-118	ORIGINAL
HB NO. 317
1	(3)  Enforcing the provisions contained in this Section shall not be the
2 primary reason for law enforcement to conduct a traffic stop on operators of
3 motorcycles.
4	*          *          *
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 317 Original 2024 Regular Session	Schamerhorn
Abstract:  Changes the requirements for wearing a safety helmet while operating or riding
a motorcycle to include only those under twenty-one and those twenty-one and up
that do not meet certain requirements.
Present law prohibits a person from operating or riding any motorcycle, motor-driven cycle,
or motorized bicycle unless the person is equipped with and is wearing on the head a safety
helmet of the type and design manufactured for use by operators of such vehicles, which
must be secured properly with a chin strap while the vehicle is in motion.
Proposed law changes the requirement in present law by making it apply only to those under
the age of 21 and those aged 21 and over who have not completed a motorcycle safety
training course or do not have a motorcycle endorsement on their insurance policy as defined
by present law (R.S. 32:863.3).
Proposed law specifies that enforcing provisions in proposed law cannot be the primary
reason for a traffic stop to be conducted.
Present law specifies that all such safety helmets must consist of lining, padding, visor, and
chin strap and must meet such other specifications as established by the commissioner.
Proposed law retains present law.
(Amends R.S. 32:190(A))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.