EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0713* HOUSE BILL 713 R2 2lr0434 By: Delegates Lehman, Pena –Melnyk, Forbes, Fraser–Hidalgo, Healey, Hill, Kaiser, Love, Proctor, Ruth, Shetty, Terrasa, Toles, and Williams Introduced and read first time: January 31, 2022 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Vehicle Laws – Horse Riding – Helmet Requirement for Minors 2 FOR the purpose of prohibiting an adult from allowing a minor to ride a horse on certain 3 property unless the minor is wearing a helmet that meets certain standards; and 4 generally relating to helmet requirements and horse riding. 5 BY repealing and reenacting, with amendments, 6 Article – Transportation 7 Section 21–104 8 Annotated Code of Maryland 9 (2020 Replacement Volume and 2021 Supplement) 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That the Laws of Maryland read as follows: 12 Article – Transportation 13 21–104. 14 (a) Every person riding an animal or driving an animal–drawn vehicle on a 15 roadway has all the rights granted to and is subject to all the duties required of the driver 16 of a vehicle by this title, except for those provisions of this title that by their very nature 17 cannot apply. 18 (b) (1) Except in Charles, Worcester, and St. Mary’s counties, or as provided 19 in paragraph (2) of this subsection, a person may not ride an animal or drive an 20 animal–drawn vehicle on: 21 (i) Any divided highway where the posted maximum speed limit is 22 more than 35 miles per hour; or 23 2 HOUSE BILL 713 (ii) Any controlled access highway. 1 (2) In Anne Arundel County, a person may ride an animal on any part of a 2 highway described in paragraph (1) of this subsection, other than on its roadway or 3 shoulder. 4 (C) (1) IN THIS SUBSECTION , “HORSE” INCLUDES DONKEYS , MULES, AND 5 PONIES. 6 (2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAG RAPH, 7 THIS SUBSECTION APPLIES O NLY TO HORSE RIDING ON : 8 1. A HIGHWAY; 9 2. A HORSE–RIDING PATH; OR 10 3. ANY OTHER PROPERTY OP EN TO THE PUBLIC OR 11 USED BY THE PUBLIC F OR PEDESTRIAN OR VEH ICULAR TRAFFIC . 12 (II) THIS SUBSECTION DOES NOT APPLY TO A MINOR WHO IS: 13 1. PRACTICING FOR , RIDING TO OR FROM , OR 14 COMPETING OR PERFORM ING IN A SHOW OR EVE NT WHERE HELM ETS ARE NOT 15 HISTORICALLY PART OF THE SHOW OR EVENT ; 16 2. CROSSING A PUBLIC HIG HWAY THAT SEPARATES 17 PRIVATELY OWNED LAND ; OR 18 3. ENGAGED IN AN AGRICUL TURAL PRACTICE OR 19 PURSUIT. 20 (3) AN ADULT WHO IS PRESE NT AND DIRECTLY SUPE RVISING A 21 MINOR MAY NOT ALLOW THE MINOR TO RIDE A HORSE UNLESS THE MINOR IS 22 WEARING A PROPERLY S ECURED HELMET THAT M EETS OR EXCEEDS THE 23 STANDARDS OF THE AMERICAN SOCIETY OF TESTING AND MATERIALS FOR 24 PROTECTIVE HEADG EAR USED IN EQUESTRI AN RIDING. 25 (4) A VIOLATION OF THIS SU BSECTION INVOLVING A N ADULT 26 SUPERVISING MULTIPLE MINORS AT THE SAME TIME SHALL BE TREATED AS A 27 SINGLE VIOLATION . 28 (5) A VIOLATION OF THIS SUBSECTION IS PRIMA FACIE EVIDE NCE OF 29 NEGLIGENCE . 30 HOUSE BILL 713 3 (6) A PERSON WHO IS CONVIC TED OF A VIOLATION O F THIS 1 SUBSECTION IS SUBJECT TO: 2 (I) FOR A FIRST OFFENSE , A WRITTEN WARNING TH AT INFORMS 3 THE OFFENDER OF THE REQUIREMENTS OF THIS SECTION; 4 (II) FOR A SECOND OFFENSE , A FINE OF $50; AND 5 (III) FOR A THIRD OR SUBSEQUENT OFFENSE, A FINE OF $100. 6 (7) A POLICE OFFICER WHO C HARGES AN INDIVIDUAL WITH A 7 VIOLATION OF THIS SU BSECTION SHALL PROVI DE THE MINOR WHO IS THE SUBJECT 8 OF THE VIOLATION WIT H EDUCATIONAL MATERIAL S THAT PROVIDE INFOR MATION 9 ABOUT THE REQUIREMEN TS OF THIS SUBSECTIO N AND PROPER HELMET USE WHILE 10 HORSEBACK RIDING . 11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 October 1, 2022. 13