House Bill No. 317 proposes significant changes to the helmet requirements for motorcycle operators and riders in Louisiana. The bill amends R.S. 32:190(A) to remove the existing mandate that all motorcycle operators and riders must wear safety helmets while in motion. Instead, the new law stipulates that only individuals under the age of 21, as well as those aged 21 and older who have not completed a motorcycle safety course or do not have proof of hospitalization coverage on their insurance, are required to wear helmets. Additionally, the bill specifies that law enforcement cannot use helmet enforcement as the primary reason for conducting traffic stops.
Furthermore, the bill introduces a requirement for individuals aged 21 and older who choose not to wear a helmet to obtain a motor vehicle insurance policy with a minimum of $100,000 in medical payments coverage for bodily injury or death in any one accident. They must also provide proof of this coverage to law enforcement upon request. Importantly, the bill prohibits any operator or passenger of a motorcycle who opts out of wearing a helmet from recovering damages for head injuries sustained in an accident. These changes aim to balance personal freedom with safety considerations while also addressing liability issues related to motorcycle accidents.
Statutes affected: HB317 Original: 32:190(A)
HB317 Engrossed: 32:190(A)
HB317 Reengrossed: 32:190(A)