Senate Bill 2048

AN ACT TO AMEND SECTION 63-7-64, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS UNDER AGE 16 FROM OPERATING OR RIDING UPON ANY MOTORCYCLE, MOTOR SCOOTER OR ALL-TERRAIN VEHICLE UPON ANY PUBLIC OR PRIVATE PROPERTY IN THIS STATE UNLESS SUCH PERSON IS WEARING A CRASH HELMET; TO PROHIBIT PERSONS AGES 16 TO 18 FROM OPERATING OR RIDING UPON ANY MOTORCYCLE OR MOTOR SCOOTER UPON ANY PUBLIC ROAD OR HIGHWAY OF THIS STATE UNLESS SUCH PERSON IS WEARING A CRASH HELMET; TO CORRECT THE REFERENCE TO THE ENTITY APPROVING MOTORCYCLE CRASH HELMET STANDARDS; 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 under sixteen (16) years of age may operate or ride upon any motorcycle, motor scooter or all-terrain vehicle upon any public or private property in this state unless the person is properly wearing 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.

(2) No person who is under eighteen (18) years of age may operate or ride upon any motorcycle or motor scooter upon the public roads or highways of this state unless the person is properly wearing * * * 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.

(3) Violation of this section shall be deemed a violation of the traffic regulations and rules of the road and punishable as provided by Section 63-9-11.

(4) 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, 2005.