Section 41-6a-1505 - Motorcycle or motor-driven cycle - Protective headgear - Closed cab excepted - Electric assisted bicycles, motor assisted scooters, electric personal assistive mobility devices(1) A person under the age of 21 may not operate or ride any of the following on a highway unless the person is wearing protective headgear that complies with specifications adopted under Subsection (3): (b) a motor-driven cycle;(c) a class 3 electric assisted bicycle; or(d) an autocycle that is not fully enclosed.(2) This section does not apply to persons riding within an enclosed cab.(3) The following standards and specifications for protective headgear are adopted: (a)49 C.F.R. 571.218 related to protective headgear for motorcycles; and(b) 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted scooters, and electric personal assistive mobility devices.(4) A court shall waive $8 of a fine charged to a person operating a vehicle described in Subsection (1) for a moving traffic violation if the person was: (a) 21 years of age or older at the time of operation; and(b) wearing protective headgear that complies with the specifications adopted under Subsection (3) at the time of operation.(5) The failure to wear protective headgear: (a) does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and(b) may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages.(6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a person operating a motorcycle or motor-driven cycle for a driving under the influence violation of Section 41-6a-502.(7) A violation of this section is an infraction.Amended by Chapter 369, 2017 General Session ,§ 1, eff. 5/9/2017.Amended by Chapter 173, 2016 General Session ,§ 6, eff. 5/10/2016.Amended by Chapter 173, 2016 General Session ,§ 3, eff. 5/10/2016.Amended by Chapter 40, 2016 General Session ,§ 3, eff. 5/10/2016.Amended by Chapter 412, 2015 General Session ,§ 96, eff. 5/12/2015.Amended by Chapter 363, 2010 General Session