MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Transportation

By: Representative Nicholson

House Bill 500

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 63-7-64, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IS NOT REQUIRED TO WEAR A CRASH HELMET WHEN OPERATING OR RIDING A MOTORCYCLE OR MOTOR SCOOTER IF SUCH PERSON IS COVERED BY A HEALTH INSURANCE PLAN; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-7-64, Mississippi Code of 1972, is amended as follows:

     63-7-64.  (1)  Except as provided in subsection (2) of this section, no person shall operate or ride upon any motorcycle or motor scooter upon the public roads or highways of this state unless such person is wearing on his or her head a crash helmet of the type and design inspected and approved by the American Association of Motor Vehicle Administrators.  Violation of this subsection shall be deemed a violation of the traffic regulations and rules of the road and punishable as provided by Section 63-9-11.

     (2)  A person who is a least twenty-one (21) years of age is not subject to the provisions of subsection (1) of this section if such person, while operating or riding upon a motorcycle or motor scooter upon a public road or highway of this state, is covered by a health insurance plan providing the person with at least Ten Thousand Dollars ($10,000.00) in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or motor scooter and furnishes proof of such health insurance plan to a law enforcement officer upon request of the officer.

     (3)  For purposes of subsection (2) of this section, "health insurance plan" means an individual, group, blanket or franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2002.



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