Article 29.

MOTORCYCLISTS; RIGHTS AND DUTIES THEREOF

SECTION 56‐5‐3610. Rights and duties of operator of motorcycle generally.

Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the drivers of motor vehicles, except as to special regulations or other provisions of law which by their nature would not apply.

HISTORY: 1962 Code Section 46‐498.4; 1969 (56) 317.

SECTION 56‐5‐3630. Manner in which motorcycles shall be operated.

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto  and  the  operator  shall  not  carry  any  other  person  nor  shall  any  other  person  ride  on  a motorcycle  unless  the  motorcycle  is  designed  to  carry  more  than  one  person,  in  which  event  a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one
leg on each side of the motorcycle.
(c) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars.
(d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
(e) No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on the roadway.

HISTORY:  1962 Code Section 46‐498;  1952 Code Section 46‐498;  1949 (46) 466;  1978 Act No. 451
Section 6.

SECTION 56‐5‐3640. Motorcycle entitled to full use of lane;  riding two or more abreast;  overtaking and passing; operation in other instances.

(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.  This shall not apply to motorcycles operated two abreast in a single lane.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c) No person shall operate a motorcycle between lanes of traffic, or between adjacent lines or rows of vehicles.
(d) Motorcycles shall not be operated more than two abreast in a single lane.
(e) Items (b) and (c) shall not apply to police officers in the performance of their official duties.

HISTORY: 1962 Code Section 46‐498.2; 1969 (56) 317.

SECTION 56‐5‐3650. Footrests; rear view mirror.

(A) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, must be equipped with footrests for its passenger.
(B) A person shall not operate any motorcycle unless it is equipped with a rear view mirror which will afford the operator ample vision to the rear at all times.

HISTORY: 1962 Code Section 46‐4983; 1969 (56) 317; 2006 Act No. 278, Section 1, eff May 23, 2006.

SECTION 56‐5‐3660. Helmets shall be worn by operators and passengers under age twenty‐one; helmet design; list of approved helmets.

It  shall  be  unlawful  for  any  person  under  the  age  of  twenty‐one  to  operate  or  ride  upon  a two‐wheeled motorized vehicle unless he wears a protective helmet of a type approved by the Department of Public Safety.  Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof.   The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder.

HISTORY:  1962 Code Section 46‐631;  1967 (55) 199;  1980 Act No. 514, Section 1;  1993 Act No. 181, Section 1422.

SECTION 56‐5‐3670. Goggles or face shields shall be worn by operators under age twenty‐one;  list of approved goggles and face shields.

It shall be unlawful for any person under the age of twenty‐one to operate a two‐wheeled motorized vehicle unless he wears goggles or a face shield of a type approved by the Department of Public Safety. The department is hereby authorized to adopt and amend regulations covering types of goggles and face shields and the specifications therefor and to establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder.

HISTORY:  1962 Code Section 46‐632;  1967 (55) 199;  1980 Act No. 514, Section 2;  1993 Act No. 181, Section 1423.

SECTION 56‐5‐3680. Wind screens.

The provisions of Section 56‐5‐3670 with respect to goggles and face shields shall not apply to the operator of a two‐wheeled motorized vehicle equipped with a wind screen meeting specifications established by the Department of Public Safety.   The department is hereby authorized to adopt and amend regulations covering types of wind screens and specifications therefor.

HISTORY: 1962 Code Section 46‐633; 1967 (55) 199; 1993 Act No. 181, Section 1424.

SECTION 56‐5‐3690. Unlawful to sell or distribute helmets, goggles or face shields not approved by Department of Public Safety.

It shall be unlawful to sell, offer for sale or distribute any protective helmets, goggles or face shields for use by the operators of two‐wheeled motorized vehicles, or protective helmets for the use of passengers thereon, unless they are of a type and specification approved by the Department of Public Safety and appear on the list of approved devices maintained by the department.

HISTORY: 1962 Code Section 46‐634; 1967 (55) 199; 1993 Act No. 181, Section 1425.

SECTION 56‐5‐3700. Penalty for violation of Sections 56‐5‐3660 to 56‐5‐3690.

Any person violating the provisions of Sections 56‐5‐3660 to 56‐5‐3690 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

HISTORY: 1962 Code Section 46‐635; 1967 (55) 199.