B. If under 15 years of age, an operator of an off-road motorcycle or motor-driven cycle;

C. An operator of a motorcycle or motor-driven cycle, operating under a learner's permit or within one year of successfully completing a driving test; and

D. A passenger of an operator required to wear headgear.

2. Compliance. An operator of a motorcycle or motor-driven cycle, parent or guardian may not allow a passenger under the age of 15 years to ride in violation of this section.

4. Public program. In furtherance of reasonable protective public policy, the Department of Public Safety, Bureau of Highway Safety must develop and implement a public information and education program designed to encourage helmet utilization by all motorcycle, motor-driven cycle and moped riders.

Sec. 34. 29-A MRSA §2091 is enacted to read:

§2091.__Operation of off-road vehicles

1.__Operation prohibited.__Unless the specific type of off- road vehicle is authorized to be operated on a public way by this or any other Title, an off-road vehicle may not be operated on a public way or parking area.

2.__Violation.__A person who operates an off-road vehicle in violation of subsection 1 commits a traffic infraction.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill amends current law regarding 2-wheeled and 3-wheeled vehicles and off-road vehicles. The bill:

1. Amends the definition of "moped" by establishing criteria for wheel number and size and electric-powered motors;

2. Repeals the definition of "motorcycle" and replaces it with a definition that establishes criteria for wheels and electric-powered motors;