GENERAL ASSEMBLY OF NORTH CAROLINA
                          SESSION 2003
H                                                             1
                         HOUSE BILL 1517
                              
                               
                              
                                
Short Title: Amend Motorcycle Helmet Law. (Public)
Sponsors: Representatives Sauls, K. Williams (Primary
Sponsors);  Culp, Goodwin, Hilton, McHenry, Moore, and Pate.
Referred to: Rules, Calendar, and Operations of the
House.
                          May 19, 2004
                                
                      A BILL TO BE ENTITLED
AN ACT TO MODIFY THE REQUIREMENT FOR THE USE OF HELMETS BY
  OPERATORS AND PASSENGERS ON MOTORCYCLES AND TO ADJUST THE FEE
  ON PRIVATE MOTORCYCLE REGISTRATIONS IN ORDER TO PROVIDE
  ADDITIONAL FUNDS FOR THE MOTORCYCLE SAFETY PROGRAM, AS
  RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON MOTORCYCLE
  HELMET LAWS.
The General Assembly of North Carolina enacts:
       SECTION 1.  G.S. 20-140.4 reads as rewritten:
"¤ 20-140.4.  Special provisions for motorcycles and mopeds.
  (a)   No person shall operate a
motorcycle or moped upon a highway or public vehicular
area:
       (1)  When the number of
            persons upon such motorcycle or moped, including
            the operator, shall exceed the number of persons
            which it was designed to carry.
       (2)  Unless the operator and
            all passengers thereon wear safety helmets of a
            type approved by the Commissioner of Motor
            Vehicles.
  (b)  Violation of any provision of
this section shall not be considered negligence per se or
contributory negligence per se in any civil action.
  (c)  Any person convicted of
violating this section shall have committed an infraction and
shall be fined according to G.S. 20-135.2A(e) and (f).
  (a)  No person shall operate a motorcycle or moped
upon a highway or public vehicular area when the number of
persons on the motorcycle or moped, including the operator,
exceeds the number of persons that it was designed to carry.
  (b)  Except as provided in subsections (c) and (d)
of this section, a person may not operate or ride upon a
motorcycle or moped unless the person is properly wearing a
safety helmet of a type approved by the Commissioner of Motor
Vehicles.
  (c)  Notwithstanding subsection (b) of this
section, a person over 21 years of age may operate a motorcycle
without wearing a safety helmet if the operator held a
motorcycle license or a motorcycle endorsement prior to October
1, 2003, or if the following conditions are met:
       (1)  The operator has successfully
            completed the course of instruction offered by the
            Motorcycle Safety Instruction Program authorized in
            G.S. 115D-72, or its equivalent as determined by
            the Commissioner, and the operator has had a
            motorcycle license or a motorcycle endorsement for
            more than 12 months.
       (2)  The operator is covered by an
            insurance policy providing for at least ten
            thousand dollars ($10,000) in medical benefits for
            injuries incurred as a result of a crash while
            operating or riding on a motorcycle.
  (d)  Notwithstanding subsection (b) of this
section, a person over 21 years of age may ride upon a
motorcycle without wearing a safety helmet if the operator is
allowed to operate a motorcycle without a helmet pursuant to
subsection (c) of this section, and the person is covered by an
insurance policy providing for at least ten thousand dollars
($10,000) in medical benefits for injuries incurred as a result
of a crash while riding on a motorcycle.
  (e)  Violation of any provision of this section
shall not be considered negligence per se or contributory
negligence per se in any civil action.
  (f)  Any person convicted of violating this section
shall have committed an infraction and shall be fined according
to G.S. 20-135.2A(e) and (f). "
       SECTION 2.  G.S. 20-87(6) is repealed.
       SECTION 3.  G.S. 20-87 is amended by adding a new
subdivision to read:
"¤ 20-87.  Passenger vehicle registration fees.
  These shall be paid to the Division annually, as of the
first day of January, for the registration and licensing of
passenger vehicles, fees according to the following
classifications and schedules:
       ...
       (13)    Private Motorcycles. - The fee on
            private passenger motorcycles shall be fourteen
            dollars ($14.00). When a motorcycle is equipped
            with an additional form of device designed to
            transport persons or property, the fee shall be
            twenty-one dollars ($21.00). Five dollars ($5.00)
            of the fees collected pursuant to this subdivision
            shall be used, in addition to any other funds
            appropriated for this purpose, to fund the
            Motorcycle Safety Instruction Program established
            pursuant to G.S. 115D-72."
       SECTION 4.  This act becomes effective October 1,
2004, and applies to violations occurring on or after that date.