SP0021, LD 41, item 2, ‘An Act To Expand Options for a Person under 14 Years of Age Required To Wear a Helmet while Being Carried as a Passenger on an All-terrain Vehicle’

Amend the bill by striking out the title and substituting the following:

‘An Act To Expand Options for a Person under 14 Years of Age Required To Wear a Helmet while Being Carried as a Passenger on an All-terrain Vehicle’

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 12 MRSA §13157-A, sub-§14, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is amended to read:

14. Carrying passenger on ATV without protective headgear. Notwithstanding Title 29-A, section 2083, a person may not carry a passenger under 18 years of age on an ATV unless the passenger is wearing protective headgear , except that a passenger under 14 years of age who is properly secured in a seat belt and riding directly adjacent to the operator when the operator is a parent, grandparent or legal guardian of the passenger may wear a helmet that meets the requirements of Title 29-A, section 2323 while on an ATV with side-by-side seating that is equipped with roll bars or bracing welded or attached to the frame in a permanent manner, with a roof or with a protective enclosure.

A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.’

summary

This amendment replaces the bill and changes the title. It provides that a passenger under 14 years of age who is properly secured in a seat belt and riding directly adjacent to the passenger's parent, grandparent or legal guardian on a side-by-side all-terrain vehicle with roll bars or other bracing may wear a bicycle helmet.

FISCAL NOTE REQUIRED

(See attached)

SP0021 LD 41	Session - 128th Maine Legislature C "A", Filing Number S-207, Sponsored by		LR 129 Item 2
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