PRINTER'S NO. 2242
No. 1764 Session of 2001
INTRODUCED BY FORCIER, ARMSTRONG, SURRA, WILT, SHANER, READSHAW,
BROWNE, CALTAGIRONE, M. COHEN, DERMODY, DeWEESE, EACHUS,
EGOLF, FICHTER, HARHAI, HASAY, LEH, MAHER, METCALFE,
PETRARCA, ROHRER, SAINATO, S. H. SMITH, STABACK, STEELMAN,
STERN, STURLA AND TRELLO, JUNE 18, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 18, 2001
AN ACT
1 Providing for operation of motorcycles without protective
2 headgear; and making repeals.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Motorcycle
7 Freedom Act.
8 Section 2. Declaration of policy.
9 The General Assembly makes known its intention to examine
10 what, if any, fiscal implications may be associated with
11 uninsured, unhelmeted motorcycle operators otherwise qualifying
12 for the exception provided in this act who incur differential
13 uninsured medical costs which may be uniquely attributed to this
14 exception. If the examination of fiscal implications associated
15 with this exception warrants further prerequisite insurance
16 coverage for persons qualifying for the exception, the General
1 Assembly recognizes its obligation to respond with subsequent
2 corrective amendments to this act.
3 Section 3. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Department." The Department of Transportation of the
8 Commonwealth.
9 "Motorcycle." As defined in 75 Pa.C.S. § 102 (relating to
10 definitions).
11 Section 4. Headgear on motorcycles.
12 (a) Operator.--Notwithstanding any other provision of law to
13 the contrary, it is lawful for an individual to operate a
14 motorcycle without wearing protective headgear if the individual
15 is at least 21 years of age and has:
16 (1) been licensed to operate a motorcycle for at least
17 two years; or
18 (2) completed a motorcycle rider safety course in this
19 Commonwealth approved by the department; or
20 (3) completed a motorcycle rider safety course in
21 another state approved by the Motorcycle Safety Foundation.
22 (b) Passenger.--Notwithstanding any other provision of law
23 to the contrary, it is lawful for an individual who is at least
24 21 years of age to ride upon a motorcycle as a passenger without
25 wearing protective headgear if the operator of the motorcycle is
26 at least 21 years of age and has:
27 (1) been licensed to operate a motorcycle for at least
28 two years; or
29 (2) completed a motorcycle rider safety course in this
30 Commonwealth approved by the department; or
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1 (3) completed a motorcycle rider safety course in
2 another state approved by the Motorcycle Safety Foundation.
3 (c) Vehicle code.--Except as set forth in this section,
4 nothing in this act shall exempt an individual from any
5 requirement prescribed by 75 Pa.C.S. (relating to vehicles).
6 Section 5. Repeal.
7 The provisions of 75 Pa.C.S. § 3525(a) are repealed insofar
8 as they are inconsistent with this act.
9 Section 6. Effective date.
10 This act shall take effect immediately.
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