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

(a) a motorcycle;

(b) a motor-driven cycle;

(c) a class 3 electric assisted bicycle; or

(d) an autocycle that is not fully enclosed.

(2) This section does not apply to persons riding within an enclosed cab.

(3) The following standards and specifications for protective headgear are adopted: (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and (b) 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted scooters, and electric personal assistive mobility devices.

(a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and

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

(a) 21 years of age or older at the time of operation; and

(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: (a) does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and (b) may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages.

(a) does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and

(b) may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages.

(6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a person operating a motorcycle or motor-driven cycle for a driving under the influence violation of Section 41-6a-502.

(7) A violation of this section is an infraction.