(1) A person under the age of 21 may not operate or ride any of the following on a highway unless the person is wearing protective headgear that complies with specifications adopted under Subsection (3):

1. (a) a motorcycle;
2. (b) a motor-driven cycle;
3. (c) a class 3 electric assisted bicycle; or
4. (d) an autocycle that is not fully enclosed.

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

1. (a) 49 C.F.R. 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.

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

1. (a) 21 years of age or older at the time of operation; and
2. (b) wearing protective headgear that complies with the specifications adopted under Subsection (3) at the time of operation.

(5) The failure to wear protective headgear:

1. (a) does not constitute contributory or comparative negligence on the part of a person 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.