EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0933*
SENATE BILL 933
R5 3lr2925
SB 745/22 – JPR
By: Senators McKay and Mautz
Introduced and read first time: February 16, 2023
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Vehicle Laws – Protective Headgear Requirement for Motorcycle Rides 2
– Exception 3
(In Rememberance of Gary “Pappy” Boward) 4
FOR the purpose of establishing an exception to the prohibition against operating or riding 5
on a motorcycle without certain protective headgear for an individual at least a 6
certain age who has been licensed to operate a motorcycle for a certain period of time 7
or has completed a certain motorcycle safety course and for the individual’s 8
passenger; and generally relating to the requirement that protective headgear be 9
worn by operators and riders of motorcycles. 10
BY repealing and reenacting, with amendments, 11
Article – Transportation 12
Section 21–1306 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2022 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Transportation 18
21–1306. 19
(a) This section does not apply to any person riding in an enclosed cab. 20
(b) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 21
SUBSECTION, AN individual may not operate or ride on a motorcycle unless the individual 22
is wearing protective headgear that meets the standards established by the Administrator. 23
2 SENATE BILL 933
(2) THIS SUBSECTION DOES NOT APPLY TO AN INDIVIDUA L AT LEAST 1
21 YEARS OLD WHO : 2
(I) HAS BEEN LICENSED TO OPERATE A MOTORCYCLE FOR AT 3
LEAST 2 YEARS; 4
(II) HAS COMPLETED A MOTOR CYCLE RIDER SAFETY C OURSE 5
APPROVED BY THE ADMINISTRATOR OR THE MOTORCYCLE SAFETY FOUNDATION; 6
OR 7
(III) IS A PASSENGER ON A M OTORCYCLE OPERATED B Y AN 8
INDIVIDUAL DESCRIBED IN ITEM (I) OR (II) OF THIS PARAGRAPH . 9
(c) A person may not operate a motorcycle unless: 10
(1) [He] THE PERSON is wearing an eye–protective device of a type 11
approved by the Administrator; or 12
(2) The motorcycle is equipped with a windscreen. 13
(d) The Administrator: 14
(1) May approve or disapprove protective headgear and eye–protective 15
devices required by this section; 16
(2) May adopt and enforce regulations establishing standards and 17
specifications for the approval of protective headgear and eye–protective devices; and 18
(3) Shall publish lists of all APPROVED protective headgear and 19
eye–protective devices [that he approves], by name and type. 20
(e) (1) The failure of an individual to wear protective headgear required under 21
subsection (b) of this section may not: 22
(i) Be considered evidence of negligence; 23
(ii) Be considered evidence of contributory negligence; 24
(iii) Limit liability of a party or an insurer; or 25
(iv) Diminish recovery for damages arising out of the ownership, 26
maintenance, or operation of a motorcycle. 27
(2) Subject to the provisions of paragraph (3) of this subsection, a party, 28
witness, or counsel may not make reference to protective headgear during a trial of a civil 29
action that involves property damage, personal injury, or death if the damage, injury, or 30 SENATE BILL 933 3
death is not related to the design, manufacture, supplying, or repair of protective headgear. 1
(3) (i) Nothing contained in this subsection may be construed to 2
prohibit the right of a person to institute a civil action for damages against a dealer, 3
manufacturer, distributor, factory branch, or other appropriate entity or person arising out 4
of an incident that involves protective headgear alleged to be defectively designed, 5
manufactured, or repaired. 6
(ii) In a civil action described under subparagraph (i) of this 7
paragraph in which 2 or more parties are named as joint tort–feasors, interpleaded as 8
defendants, or impleaded as defendants, and at least 1 of the joint tort–feasors or 9
defendants is not involved in the design, manufacture, supplying, or repair of protective 10
headgear, a court shall order on a motion of any party separate trials to accomplish the 11
ends of justice. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
1, 2023. 14