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§ 21-1306. Equipment requirements for operators and riders

West's Annotated Code of MarylandTransportation

West's Annotated Code of Maryland
Transportation
Title 21. Vehicle Laws--Rules of the Road (Refs & Annos)
Subtitle 13. Operation of Motorcycles (Refs & Annos)
MD Code, Transportation, § 21-1306
§ 21-1306. Equipment requirements for operators and riders
Currentness
Enclosed cabs
(a) This section does not apply to any person riding in an enclosed cab.
Protective headgear
(b) An individual may not operate or ride on a motorcycle unless the individual is wearing protective headgear that meets the standards established by the Administrator.
Eye-protective devices and windscreens
(c) A person may not operate a motorcycle unless:
(1) He is wearing an eye-protective device of a type approved by the Administrator; or
(2) The motorcycle is equipped with a windscreen.
Approval of protective devices by Administrator
(d) The Administrator:
(1) May approve or disapprove protective headgear and eye-protective devices required by this section;
(2) May adopt and enforce regulations establishing standards and specifications for the approval of protective headgear and eye-protective devices; and
(3) Shall publish lists of all protective headgear and eye-protective devices that he approves, by name and type.
Failure of individual to wear protective headgear
(e)(1) The failure of an individual to wear protective headgear required under subsection (b) of this section may not:
(i) Be considered evidence of negligence;
(ii) Be considered evidence of contributory negligence;
(iii) Limit liability of a party or an insurer; or
(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motorcycle.
(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to protective headgear during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, supplying, or repair of protective headgear.
(3)(i) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity or person arising out of an incident that involves protective headgear alleged to be defectively designed, manufactured, or repaired.
(ii) In a civil action described under subparagraph (i) of this paragraph in which 2 or more parties are named as joint tort-feasors, interpleaded as defendants, or impleaded as defendants, and at least 1 of the joint tort-feasors or defendants is not involved in the design, manufacture, supplying, or repair of protective headgear, a court shall order on a motion of any party separate trials to accomplish the ends of justice.

Credits

Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1979, c. 746; Acts 1992, c. 1; Acts 1992, c. 2.
Formerly Art. 66 ½, § 11-1306.
MD Code, Transportation, § 21-1306, MD TRANS § 21-1306
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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