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                                                       PRINTER'S NO. 592

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 568 Session of 1999


        INTRODUCED BY FORCIER, VEON, SURRA, SEYFERT, WILT, ARMSTRONG,
           BAKER, BARLEY, BARRAR, BOYES, BROWNE, BUNT, CASORIO, CIVERA,
           M. COHEN, DALLY, DEMPSEY, DERMODY, DeWEESE, EACHUS, EGOLF,
           FARGO, FEESE, FICHTER, FLEAGLE, GANNON, GIGLIOTTI, GRUITZA,
           HARHAI, HASAY, HUTCHINSON, KENNEY, LaGROTTA, LAUGHLIN, LEH,
           LYNCH, MAHER, McCALL, McGEEHAN, METCALFE, MICOZZIE,
           S. MILLER, PERZEL, PETRARCA, RAMOS, RAYMOND, READSHAW,
           ROBERTS, ROHRER, ROONEY, ROSS, SAINATO, SANTONI, SATHER,
           SCHRODER, SCHULER, SHANER, B. SMITH, S. H. SMITH, STEELMAN,
           STERN, STEVENSON, STRITTMATTER, STURLA, TANGRETTI,
           E. Z. TAYLOR, THOMAS, TRAVAGLIO, TRELLO, TRUE, VAN HORNE,
           WALKO AND WOGAN, FEBRUARY 10, 1999

        REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 10, 1999

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for protective equipment for
     3     motorcycle riders.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3525 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3525.  Protective equipment for motorcycle riders.
     9     (a)  Protective headgear.--Except as provided in subsection
    10  (d), no person shall operate or ride upon a motorcycle or a
    11  motor-driven cycle (other than a motorized pedalcycle) unless he
    12  is wearing protective headgear which complies with standards
    13  established by the department.


     1     (b)  Eye-protective devices.--Except as provided in
     2  subsection (d), no person shall operate or ride upon a
     3  motorcycle (other than a motorized pedalcycle) unless he is
     4  wearing an eye-protective device of a type approved by the
     5  department.
     6     (c)  Approval of equipment.--The department may approve or
     7  disapprove protective headgear and eye-protective devices
     8  required under this section and may issue and enforce
     9  regulations establishing standards and specifications for the
    10  approval of the headgear and devices. The department shall
    11  publish lists of all protective headgear and eye-protective
    12  devices by name and type which have been approved.
    13     (d)  Exception.--
    14         (1)  The provisions of subsections (a) and (b) shall not
    15     apply to the operator or any occupant of a three-wheeled
    16     motorcycle equipped with an enclosed cab. The provisions of
    17     subsection (a) shall not apply to a person 21 years of age or
    18     older who has been licensed to operate a motorcycle for not
    19     less than two full calendar years or who has completed a
    20     motorcycle rider safety course approved by the department or,
    21     if licensed in another state, a course approved by the state
    22     or the Motorcycle Safety Foundation. The provisions of
    23     subsection (a) shall also not apply to the passenger of such
    24     a person under this subsection qualifying for an exception if
    25     the passenger is 21 years of age or older.
    26         (2)  The General Assembly hereby makes known its
    27     intention to examine what, if any, fiscal implications may be
    28     associated with uninsured, unhelmeted motorcycle operators
    29     otherwise qualifying for the exception provided in this
    30     subsection who incur differential uninsured medical costs
    19990H0568B0592                  - 2 -

     1     which may be uniquely attributed to this exception. If this
     2     examination of fiscal implications associated with this
     3     exception warrants further prerequisite insurance coverage
     4     for persons qualifying for the exception, the General
     5     Assembly recognizes its obligation to respond with subsequent
     6     corrective amendments to this section.
     7     Section 2.  This act shall take effect immediately.
















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