Maryland 2023 Regular Session

Maryland Senate Bill SB933 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0933
6	6
7	7	SENATE BILL 933
8	8	R5 3lr2925
9	9	SB 745/22 – JPR
10	10	By: Senators McKay and Mautz
11	11	Introduced and read first time: February 16, 2023
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Vehicle Laws – Protective Headgear Requirement for Motorcycle Rides 2
19	19	– Exception 3
20	20	(In Rememberance of Gary “Pappy” Boward) 4
21	21
22	22	FOR the purpose of establishing an exception to the prohibition against operating or riding 5
23	23	on a motorcycle without certain protective headgear for an individual at least a 6
24	24	certain age who has been licensed to operate a motorcycle for a certain period of time 7
25	25	or has completed a certain motorcycle safety course and for the individual’s 8
26	26	passenger; and generally relating to the requirement that protective headgear be 9
27	27	worn by operators and riders of motorcycles. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Transportation 12
31	31	Section 21–1306 13
32	32	Annotated Code of Maryland 14
33	33	(2020 Replacement Volume and 2022 Supplement) 15
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
36	36	That the Laws of Maryland read as follows: 17
37	37
38	38	Article – Transportation 18
39	39
40	40	21–1306. 19
41	41
42	42	(a) This section does not apply to any person riding in an enclosed cab. 20
43	43
44	44	(b) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 21
45	45	SUBSECTION, AN individual may not operate or ride on a motorcycle unless the individual 22
46	46	is wearing protective headgear that meets the standards established by the Administrator. 23
47	47	2 SENATE BILL 933
48	48
49	49
50	50	(2) THIS SUBSECTION DOES NOT APPLY TO AN INDIVIDUA L AT LEAST 1
51	51	21 YEARS OLD WHO : 2
52	52
53	53	(I) HAS BEEN LICENSED TO OPERATE A MOTORCYCLE FOR AT 3
54	54	LEAST 2 YEARS; 4
55	55
56	56	(II) HAS COMPLETED A MOTOR CYCLE RIDER SAFETY C OURSE 5
57	57	APPROVED BY THE ADMINISTRATOR OR THE MOTORCYCLE SAFETY FOUNDATION; 6
58	58	OR 7
59	59
60	60	(III) IS A PASSENGER ON A M OTORCYCLE OPERATED B Y AN 8
61	61	INDIVIDUAL DESCRIBED IN ITEM (I) OR (II) OF THIS PARAGRAPH . 9
62	62
63	63	(c) A person may not operate a motorcycle unless: 10
64	64
65	65	(1) [He] THE PERSON is wearing an eye–protective device of a type 11
66	66	approved by the Administrator; or 12
67	67
68	68	(2) The motorcycle is equipped with a windscreen. 13
69	69
70	70	(d) The Administrator: 14
71	71
72	72	(1) May approve or disapprove protective headgear and eye–protective 15
73	73	devices required by this section; 16
74	74
75	75	(2) May adopt and enforce regulations establishing standards and 17
76	76	specifications for the approval of protective headgear and eye–protective devices; and 18
77	77
78	78	(3) Shall publish lists of all APPROVED protective headgear and 19
79	79	eye–protective devices [that he approves], by name and type. 20
80	80
81	81	(e) (1) The failure of an individual to wear protective headgear required under 21
82	82	subsection (b) of this section may not: 22
83	83
84	84	(i) Be considered evidence of negligence; 23
85	85
86	86	(ii) Be considered evidence of contributory negligence; 24
87	87
88	88	(iii) Limit liability of a party or an insurer; or 25
89	89
90	90	(iv) Diminish recovery for damages arising out of the ownership, 26
91	91	maintenance, or operation of a motorcycle. 27
92	92
93	93	(2) Subject to the provisions of paragraph (3) of this subsection, a party, 28
94	94	witness, or counsel may not make reference to protective headgear during a trial of a civil 29
95	95	action that involves property damage, personal injury, or death if the damage, injury, or 30 SENATE BILL 933 3
96	96
97	97
98	98	death is not related to the design, manufacture, supplying, or repair of protective headgear. 1
99	99
100	100	(3) (i) Nothing contained in this subsection may be construed to 2
101	101	prohibit the right of a person to institute a civil action for damages against a dealer, 3
102	102	manufacturer, distributor, factory branch, or other appropriate entity or person arising out 4
103	103	of an incident that involves protective headgear alleged to be defectively designed, 5
104	104	manufactured, or repaired. 6
105	105
106	106	(ii) In a civil action described under subparagraph (i) of this 7
107	107	paragraph in which 2 or more parties are named as joint tort–feasors, interpleaded as 8
108	108	defendants, or impleaded as defendants, and at least 1 of the joint tort–feasors or 9
109	109	defendants is not involved in the design, manufacture, supplying, or repair of protective 10
110	110	headgear, a court shall order on a motion of any party separate trials to accomplish the 11
111	111	ends of justice. 12
112	112
113	113	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
114	114	1, 2023. 14
115	115