Maryland 2024 Regular Session

Maryland House Bill HB639 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	hb0639
6	6
7	7	HOUSE BILL 639
8	8	R5 4lr1070
9	9	CF SB 503
10	10	By: Delegates Wivell, Baker, Hinebaugh, A. Johnson, S. Johnson, and Valentine
11	11	Introduced and read first time: January 25, 2024
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Vehicle Laws – Protective Headgear Requirement – Exception 2
19	19	(In Remembrance of Gary “Pappy” Boward) 3
20	20
21	21	FOR the purpose of establishing an exception to the prohibition against operating or riding 4
22	22	on a motorcycle without certain protective headgear for an individual at least a 5
23	23	certain age who has been licensed to operate a motorcycle for a certain period of time 6
24	24	or has completed a certain motorcycle safety course and for the individual’s 7
25	25	passenger; and generally relating to the requirement that protective headgear be 8
26	26	worn by operators and riders of motorcycles. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Transportation 11
30	30	Section 21–1306 12
31	31	Annotated Code of Maryland 13
32	32	(2020 Replacement Volume and 2023 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Transportation 17
38	38
39	39	21–1306. 18
40	40
41	41	(a) This section does not apply to any person riding in an enclosed cab. 19
42	42
43	43	(b) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 20
44	44	SUBSECTION, AN individual may not operate or ride on a motorcycle unless the individual 21
45	45	is wearing protective headgear that meets the standards established by the Administrator. 22
46	46
47	47	(2) THIS SUBSECTION DOES NOT APPLY TO AN INDI VIDUAL AT LEAST 23 2 HOUSE BILL 639
48	48
49	49
50	50	21 YEARS OLD WHO : 1
51	51
52	52	(I) HAS BEEN LICENSED TO OPERATE A MOTORCYCLE FOR AT 2
53	53	LEAST 2 YEARS; 3
54	54
55	55	(II) HAS COMPLETED A MOTOR CYCLE RIDER SAFETY C OURSE 4
56	56	APPROVED BY THE ADMINISTRATOR OR THE MOTORCYCLE SAFETY FOUNDATION; 5
57	57	OR 6
58	58
59	59	(III) IS A PASSENGER ON A M OTORCYCLE OPERATED B Y AN 7
60	60	INDIVIDUAL DESCRIBED IN ITEM (I) OR (II) OF THIS PARAGRAPH . 8
61	61
62	62	(c) A person may not operate a motorcycle unless: 9
63	63
64	64	(1) [He] THE PERSON is wearing an eye–protective device of a type 10
65	65	approved by the Administrator; or 11
66	66
67	67	(2) The motorcycle is equipped with a windscreen. 12
68	68
69	69	(d) The Administrator: 13
70	70
71	71	(1) May approve or disapprove protective headgear and eye–protective 14
72	72	devices required by this section; 15
73	73
74	74	(2) May adopt and enforce regulations establishing standards and 16
75	75	specifications for the approval of protective headgear and eye–protective devices; and 17
76	76
77	77	(3) Shall publish lists of all APPROVED protective headgear and 18
78	78	eye–protective devices [that he approves], by name and type. 19
79	79
80	80	(e) (1) The failure of an individual to wear protective headgear required under 20
81	81	subsection (b) of this section may not: 21
82	82
83	83	(i) Be considered evidence of negligence; 22
84	84
85	85	(ii) Be considered evidence of contributory negligence; 23
86	86
87	87	(iii) Limit liability of a party or an insurer; or 24
88	88
89	89	(iv) Diminish recovery for damages arising out of the ownership, 25
90	90	maintenance, or operation of a motorcycle. 26
91	91
92	92	(2) Subject to the provisions of paragraph (3) of this subsection, a party, 27
93	93	witness, or counsel may not make reference to protective headgear during a trial of a civil 28
94	94	action that involves property damage, personal injury, or death if the damage, injury, or 29
95	95	death is not related to the design, manufacture, supplying, or repair of protective headgear. 30 HOUSE BILL 639 3
96	96
97	97
98	98
99	99	(3) (i) Nothing contained in this subsection may be construed to 1
100	100	prohibit the right of a person to institute a civil action for damages against a dealer, 2
101	101	manufacturer, distributor, factory branch, or other appropriate entity or person arising out 3
102	102	of an incident that involves protective headgear alleged to be defectively designed, 4
103	103	manufactured, or repaired. 5
104	104
105	105	(ii) In a civil action described under subparagraph (i) of this 6
106	106	paragraph in which 2 or more parties are named as joint tort–feasors, interpleaded as 7
107	107	defendants, or impleaded as defendants, and at least 1 of the joint tort–feasors or 8
108	108	defendants is not involved in the design, manufacture, supplying, or repair of protective 9
109	109	headgear, a court shall order on a motion of any party separate trials to accomplish the 10
110	110	ends of justice. 11
111	111
112	112	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12
113	113	1, 2024. 13