Senate Bill 2630

AN ACT TO AMEND SECTION 63-7-64, MISSISSIPPI CODE OF 1972, TO REQUIRE OPERATORS AND RIDERS OF ALL-TERRAIN VEHICLES TO WEAR APPROVED HELMETS AND TO REVISE THE HELMET REQUIREMENT FOR MOTORCYCLE OR MOTOR SCOOTER OPERATORS TO CONFORM TO THE GUIDELINES OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-7-64, Mississippi Code of 1972, is amended as follows:

63-7-64. (1) No person shall operate or ride upon any motorcycle or motor scooter upon the public roads or highways of this state unless such person is wearing on his or her head a crash helmet that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 for helmets designed for use by motorcyclists. Violation of this subsection (1) shall be deemed a violation of the traffic regulations and rules of the road and punishable as provided by Section 63-9-11.

(2) No person shall operate or ride upon any all-terrain vehicle upon any public or private property or upon the public roads or highways of this state unless such person is wearing on his or her head a crash helmet that complies with minimum guidelines established by the National Highway Traffic Safety Administration pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 for helmets designed for use by motorcyclists. Violation of this subsection (2) shall be a misdemeanor and punishable by a fine not to exceed Five Hundred Dollars ($500.00).

(3) For the purposes of this section, the term "all-terrain vehicle" means any motorized vehicle manufactured and designed exclusively for off-road use that is fifty (50) inches or less in width, has an unladen dry weight of six hundred (600) pounds or less, travels on three (3), four (4) or more low pressure tires, has a seat designed to be straddled by the operator and uses handlebars for steering control.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.