PROPOSED HELMET LAW CHANGES FOR OHIO
Sec. 4511.53. (A) For purposes of this section, "snowmobile" has the same meaning as given that term in section 4519.01 of the Revised Code.
(B) A person operating a bicycle or motorcycle shall not ride other than upon the permanent and regular seat attached thereto, nor carry any other person upon such bicycle or motorcycle other than upon a firmly attached and regular seat thereon, nor shall any person ride upon a bicycle or motorcycle other than upon such a firmly attached and regular seat.
A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
No person operating a bicycle shall carry any package, bundle, or article that prevents the driver from keeping at least one hand upon the handle bars.
No bicycle or motorcycle shall be used to carry more persons at one time than the number for which it is designed and equipped, nor shall any motorcycle be operated on a highway when the handle bars or grips are more than fifteen inches higher than the seat or saddle for the operator.
No person shall operate or be a passenger on a
snowmobile or motorcycle without using safety glasses or other protective eye
device. No person who is under the age of eighteen twenty-five
years, or who holds a motorcycle operator's endorsement or license bearing a
"novice" designation that is currently in effect as provided in section 4507.13
of the Revised Code, shall operate a motorcycle on a highway, or be a passenger
on a motorcycle, unless wearing a protective helmet on the person's head, and no
other person shall be a passenger on a motorcycle operated by such a person
unless similarly wearing a protective helmet. The helmet, safety glasses, or
other protective eye device shall conform with regulations prescribed and
promulgated by the director of public safety. The provisions of this paragraph
or a violation thereof shall not be used in the trial of any civil action.
(C)(1) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(2) In all cases involving a violation of this section by a person who operated a motorcycle or rode as a passenger on a motorcycle and failed to wear a protective helmet when required by this section, notwithstanding section 2929.28 of the Revised Code, the court shall impose upon the offender a fine of five hundred dollars and allow the offender to choose either a weekend jail term or attendance at a safe and responsible driving instructional class described in section 4501.40 of the Revised Code. If the offender informs the court that the offender will be unable to pay the fine, the court shall not impose any fine but shall sentence the offender to a weekend jail term.
(D) A fine that is imposed under division (C)(2) of this section shall be distributed as follows:
(1) One hundred twenty-five dollars shall be paid to the county treasurer if the court is a county-operated municipal court or to the city treasurer if the court is not a county-operated municipal court. The treasurer shall credit this portion of the fine to a fund to be used upon an order of the court to pay any court expenses the court determines should be paid from the fund.
(2) One hundred dollars shall be deposited into the state treasury to the credit of the traumatic brain injury fund created by section 3304.232 of the Revised Code.
(3) Two hundred seventy-five dollars shall be deposited into the state treasury to the credit of the safe and responsible driving instructional fund created by section 4501.40 of the Revised Code.
(E) As used in this section, "weekend jail term" means a minimum of thirty-four consecutive hours that commence not later than eight a.m. on a Saturday.
Section 2. That existing sections 3304.23, 3304.231, 4507.164, 4509.101, 4510.11, 4510.12, 4510.14, 4510.16, and 4511.53 of the Revised Code are hereby repealed