1. (1) An individual under 21 years old may not operate or ride the following on a highway unless the individual is wearing protective headgear that complies with specifications adopted under Subsection (4):

   1. (a) a motorcycle;
   2. (b) an electric assisted bicycle;
   3. (c) a motor assisted scooter;
   4. (d) a high power electric device; or
   5. (e) an autocycle that is not fully enclosed.
2. (2) This section does not apply to an individual riding within an enclosed cab.
3. (3) This section does not apply to an individual operating a class 1 electric assisted bicycle or a motor assisted scooter rented from a business or corporate entity.

4. (4) The following standards and specifications for protective headgear are adopted:

   1. (a) 49 C.F.R. Sec. 571.218 related to protective headgear for motorcycles; and
   2. (b) 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted scooters, and electric personal assistive mobility devices.

5. (5) A court shall waive $8 of a fine charged to an individual operating a vehicle described in Subsection (1) for a moving traffic violation if the individual was:

   1. (a) 21 years old or older at the time of operation; and
   2. (b) wearing protective headgear that complies with the specifications adopted under Subsection (4) at the time of operation.

6. (6) The failure to wear protective headgear:

   1. (a) does not constitute contributory or comparative negligence on the part of an individual seeking recovery for injuries; and
   2. (b) may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages.
7. (7) Notwithstanding Subsection (5), a court may not waive $8 of a fine charged to an individual operating a motorcycle for a driving under the influence violation of Section 41-6a-502.

8. (8)

   1. (a) A violation of this section is an infraction.

   2. (b) Upon conviction of a violation of this section, a court may not impose a fine exceeding:

      1. (i) $25 for an individual who violates this section while operating an electric assisted bicycle or a motor assisted scooter; and
      2. (ii) $110 for an individual who violates this section while operating a motorcycle or a high power electric device.

Amended by Chapter 334, 2026 General Session