55-52-201. Definitions — Offense of operation by minors. —
(a) As used in this part, unless the context otherwise requires:
(1) “Appropriate helmet” means, except as provided in subdivisions
(a)(1)(A)-(C), a helmet that meets federal motor vehicle safety standards
as specified in 49 CFR 571.218;
(A) Notwithstanding any provision in 49 CFR 571.218 relative to helmet
penetration standards, ventilation airways may penetrate through the
entire shell of the helmet; provided, that no ventilation airway shall
exceed one and one half inches (1 ½²) in diameter;
(B) Notwithstanding any provision in 49 CFR 571.218, the protective
surface shall not be required to be a continuous contour; and
(C) Notwithstanding any provision in 49 CFR 571.218 to the contrary,
a label on the helmet shall be affixed signifying that the helmet complies
with the requirements of the American Society for Testing Materials
(ASTM), the Consumer Product Safety Commission (CPSC), the Southern
Impact Research Center (SIRC), or the Snell Foundation;
(2) “Off-highway motor vehicle” means a vehicle as defined
in § 55-3-101(c); and
(3) “Relative” means a person or persons in the lineal line
of consanguinity to a property owner, a spouse, or person or persons
in the lineal line of consanguinity of a spouse, and includes an individual
in an adoptive relationship to a property owner or the spouse of the
property owner.
(b) (1) Except as provided in subdivisions (b)(2) and (b)(3), it is
an offense for any parent or legal guardian of a person under eighteen
(18) years of age to permit that person to operate or be a passenger
on an off-highway motor vehicle, unless the person is wearing an appropriate
helmet for off-highway vehicles. A parent or legal guardian commits
an offense under circumstances indicating that the parent or legal guardian
of the person under eighteen (18) years of age knew or should have known
that the child is or would be operating, or is or would be a passenger
on an off-highway motor vehicle.
(2) Subdivision (b)(1) does not apply to a parent or legal guardian
of a person under eighteen (18) years of age if the off-highway motor
vehicle is being operated by a person under eighteen (18) years of age,
or the person is a passenger on an off-highway motor vehicle, on the
private property of the parent or legal guardian, or the private property
of a relative.
(3) Subdivision (b)(1) does not apply to a parent or legal guardian
of a person under eighteen (18) years of age if the off-highway motor
vehicle is being operated by a person under eighteen (18) years of age
who is commuting for the purpose of hunting and is in possession of
a valid hunting license.
[Acts 2007, ch. 481, § 2.]
