00SENATE BILL NO. 187                                                                                                   
01 "An Act requiring a person under 16 years of age to wear a helmet when                                                  
02 operating or riding on an off-road vehicle; and providing for an effective date."                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new                                 
05 section to read:                                                                                                        
06  SHORT TITLE.  This Act may be known as the "Child Helmet Act for Off-Road                                              
07 Vehicles and Snow Machines."                                                                                            
08    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section                            
09 to read:                                                                                                                
10  PURPOSE.  It is the purpose of this Act to reduce the incidence of death and disability                              
11 accidents related to off-road vehicle use by requiring that every person under 16 years of age                          
12 wear a protective helmet when operating or riding on an off-road vehicle.                                              
13    * Sec. 3.  AS 28.05 is amended by adding a new section to read:                                                   
14  Sec. 28.05.102.  Required use of helmet with off-road vehicle.  (a)  A person                                       

01 who is under 16 years of age may not operate or ride on an off-road vehicle unless the                                  
02 person wears a helmet that meets the helmet standards of the United States Department                                   
03 of Transportation or other protective headgear standards required by the department.                                    
04  (b)  A parent, guardian, or other person having legal custody of a person under                                       
05 16 years of age may not knowingly, negligently, or recklessly authorize or permit the                                   
06 person to operate or ride on an off-road vehicle in violation of (a) of this section.                                   
07  (c)  A municipality may adopt helmet standards as strict or more stringent than                                       
08 those described in this section.                                                                                        
09  (d)  A person who violates (a) or (b) of this section is guilty of a violation and                                    
10 is subject to the following penalties:                                                                                  
11   (1)  for a first offense, a warning or a fine not to exceed $25; a court                                             
12 may waive a fine for a first violation of (a) of this section upon presentation of                                      
13 evidence that the violator has purchased or procured a helmet that meets the                                            
14 requirements of (a) of this section and demonstrates the intention of using the helmet                                  
15 as required by law;                                                                                                     
16   (2)  for a second or subsequent offense, a fine not to exceed $50.                                                   
17  (e)  In this section, an "off-road vehicle" means a vehicle that is not required                                      
18 to be registered under AS 28.10.011 and includes a snow machine, a four-wheeler, an                                     
19 all-terrain vehicle or a similar motorized vehicle, and a sled or other device towed by                                 
20 or in any way attached to an off-road vehicle.                                                                          
21    * Sec. 4.  This Act takes effect July 1, 2000.