HLS 24RS-118 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 317
BY REPRESENTATIVES SCHAMERHORN, FIRMENT, MCCORMICK, AND
MCFARLAND
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; to prohibit recovery of damages in certain circumstances; and
5 to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:190(A) is hereby amended and reenacted to read as follows:
8 ยง190. Safety helmets
9 A.(1) No person shall operate or ride upon any motorcycle, motor-driven
10 cycle, or motorized bicycle unless the person is equipped with and is wearing on the
11 head a safety helmet of the type and design manufactured for use by operators of
12 such vehicles, which shall be secured properly with a chin strap while the vehicle is
13 in motion. All such safety helmets shall consist of lining, padding, visor, and chin
14 strap and shall meet such other specifications as shall be established by the
15 commissioner.
16 (2) For the purposes of this Subsection, operators and riders of motorcycles
17 shall include only the following:
18 (a) Persons under the age of twenty-one years.
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HB NO. 317
1 (b) Persons who are twenty-one years of age and older who have not
2 completed a motorcycle safety course or who have not obtained proof of
3 hospitalization coverage on their insurance.
4 (3) Enforcing the provisions contained in this Section shall not be the
5 primary reason for law enforcement to conduct a traffic stop on operators of
6 motorcycles.
7 (4) Notwithstanding any provision of law to the contrary, any person twenty-
8 one years of age or older who elects not to wear a helmet as provided in Paragraph
9 (1) of this Subsection shall obtain a motor vehicle insurance policy with medical
10 payments coverage in a minimum amount of one hundred thousand dollars for bodily
11 injury or death of one person in any one accident. In connection with the
12 enforcement of traffic laws of this state, a person who elects not to wear a helmet as
13 provided in Paragraph (1) of this Subsection shall furnish proof of such coverage to
14 any law enforcement officer upon the request of the officer.
15 (5) Any operator or passenger of a motorcycle who chooses not to wear a
16 helmet and is involved in an accident that results in a head injury shall not be entitled
17 to recover damages for the head injury from any party or entity.
18 * * *
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 Reengrossed 2024 Regular Session Schamerhorn
Abstract: Changes the requirements for wearing a safety helmet while operating or riding
a motorcycle to include only those under 21 and those 21 and up who do not meet
certain requirements and prohibits recovery in certain circumstances.
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 who have not obtained proof of hospitalization coverage on their
insurance.
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HB NO. 317
Proposed law requires that any person aged 21 and over who elects not to wear a helmet
under provisions of proposed law obtain $100,000 bodily injury or death medical payments
coverage in any one accident and must furnish proof of that coverage to law enforcement
upon request.
Proposed law prohibits recovery of damages for a head injury from any party or entity by
any operator or passenger of a motorcycle who chooses not to wear a helmet.
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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Change the exception requirement for persons over 21 years of age from proof
of a motorcycle endorsement on their insurance policy to proof of hospitalization
on their insurance.
The House Floor Amendments to the engrossed bill:
1. Add coverage to proof of hospitalization on insurance.
2. Require that any person aged 21 and over who elects not to wear a helmet under
provisions of proposed law obtain $100,000 bodily injury or death medical
payments coverage in any one accident and must furnish proof of that coverage
to law enforcement upon request.
3. Prohibit recovery of damages for a head injury from any party or entity by any
operator or passenger of a motorcycle who chooses not to wear a helmet
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.