Revision: Dec. 6, 2019, 12:36 p.m.
HB 1621-FN - AS INTRODUCED
2020 SESSION
20-2667
11/03
HOUSE BILL 1621-FN
AN ACT relative to the use of protective head gear while operating motorcycles and motorized bicycles.
SPONSORS: Rep. Cleaver, Hills. 35; Rep. P. Schmidt, Straf. 19; Rep. Knirk, Carr. 3; Rep. Sofikitis, Hills. 34
COMMITTEE: Transportation
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ANALYSIS
This bill requires that every person operating a motorcycle, motor-driven cycle, or bicycle on a public way or off-road trail wear protective headgear.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2667
11/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the use of protective head gear while operating motorcycles and motorized bicycles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rules of the Road; Special Rules for Motorcycles; Protective Headgear. RSA 265:122 is repealed and reenacted to read as follows:
265:122 Protective Headgear. No person shall drive or ride upon a motorcycle unless he or she wears protective headgear in compliance with 49 C.F.R. section 571.218 and as prescribed by the director of the department of safety, division of motor vehicles. All protective headgear shall be correctly sized for the driver or rider and shall be equipped with a chin strap. The operator of a motorcycle shall be responsible for passenger compliance with this section. Any operator of a motorcycle who transports a passenger who does not have protective headgear as outlined in this section shall be fined $50, even if the operator is in compliance. Any operator of a motorcycle who personally violates this section shall be fined $50 for such violation.
2 Rules of the Road; Electric Bicycles. Amend RSA 265:144-a, X to read as follows:
X. No person [less than 18 years of age] may ride or sit as a passenger on [a class 3] an electric bicycle unless he or she wears a properly-fitted and fastened bicycle helmet that meets standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials[, or standards subsequently established by those entities].
3 New Section; Rules of the Road; Special Rules for Bicycles and Mopeds; Protective Headgear. Amend RSA 265 by inserting after section 152 the following new section:
265:152-a Protective Headgear. No person shall drive or ride upon a bicycle or moped unless he or she wears protective headgear in compliance with 16 C.F.R. part 1203 and as prescribed by the director of the department of safety, division of motor vehicles. All protective headgear shall be correctly sized for the driver or rider and shall be equipped with a chin strap.
4 Rules of the Road; Special Rules for Bicycles and Mopeds; Penalty. Amend RSA 265:153, II to read as follows:
II. The [maximum] fine for a violation of RSA [265:144, X] 265:152-a shall be [$35] $50 for each occurrence.
5 Repeal. The following are repealed:
I. RSA 265:144, X, relative to protective headgear for operators of bicycles.
II. RSA 126-A:5, XIII, relative to rulemaking authority of the commissioner of the department of health and human service.
6 Effective Date. This act shall take effect 90 days after its passage.
20-2667
12/5/19
HB 1621-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of protective head gear while operating motorcycles and motorized bicycles.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Restricted - Cost of Collections* | |||
*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue. | ||||
METHODOLOGY:
This bill requires every person operating a motorcycle or bicycle on a public way or off-road trail to wear protective headgear, creating a violation level offense and a $50 fine. There is no method to determine how many charges, if any, would be brought as a result of bill to determine the fiscal impact on state revenues.
The Judicial Branch estimates average cost of violation level cases to be $52 in FY 2021 and $54 in FY 2022. It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. Additionally, the Department of Safety expects it would incur an estimated $10,000 in costs in FY 2021 relative to needed system and uniform fine schedule changes, to update the driver’s license manual, and to provide funding for a media campaign to educate the public. Also, the Department estimates an additional $50,000 would be needed to update the automated driver license test system to include updated verbiage for the helmet requirement (test questions in this system are recorded and drafted in eight different languages to be available both written and audibly.)
AGENCIES CONTACTED:
Judicial Branch and Department of Safety