S1740

Sponsored by:

Senator PAUL D. MORIARTY

District 4 (Atlantic, Camden and Gloucester)

SYNOPSIS

Requires motorcycle passengers to be 10 years of age or older.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning motorcycle passengers and amending P.L.1967, c.237.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.1967, c.237 (C.39:3-76.5) is amended to read as follows:

4. a. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator. A passenger shall ride astride on a motorcycle only if the feet of that passenger rest firmly upon the footrests attached to the motorcycle as required by subsection b. of this section. A passenger on a motorcycle, whether riding astride or in a sidecar attached to the motorcycle, shall wear a securely fitted helmet of a size proper for that passenger as required under section 6 of [P.L.1967, c.237
(C. 39:3-76.7)] P.L.1967, c.237 (C.39:3-76.7). A passenger on a motorcycle, whether riding astride or in a sidecar attached to the motorcycle, shall be 10 years of age or older.

A motorcycle operator who carries a passenger in violation of this subsection shall be fined not less than $50.00 [nor] or more than $100.00.

b. Motorcycles designed to carry more than one person shall be equipped with adequate footrests for each passenger. Seats and footrests shall be of a type approved by the [director] chief administrator. Handholds shall be required only insofar as they are necessary to comply with federal regulations.

(cf: P.L.1985, c.15, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill requires a motorcycle passenger to be 10 years of age or older. A motorcycle operator who transports a passenger in violation of this bill is subject to a fine of not less than $50 and not more than $100.