61-8-359. Riding on motorcycles or quadricycles. (1) A person operating a motorcycle on public streets or highways may ride only upon the permanent and regular seat attached to the motorcycle. The operator may not carry any other person and another person may not ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the operator.

(2) A passenger may not be carried in a position that will interfere with the operation of the motorcycle or the view of the operator.

(3) A person operating a motorcycle may not carry any packages, bundles, or articles that would prevent the operator from keeping both hands on the handlebars or that would interfere with the operation of the vehicle in a safe and prudent manner.

(4) A person may ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

(5) Except as provided in subsections (5)(a) and (5)(b) and subject to 61-9-101(4), motorcycles must be operated with lights on at all times when operated on any public roadway. A motorcycle may be operated without lights from one-half hour before sunrise to one-half hour after sunset if:

(a) the motorcycle is registered under 61-3-411 as a collector's item and if persons and vehicles are clearly discernible at a distance of 500 feet; or

(b) the motorcycle is being driven to the nearest repair facility for headlamp repair.

(6) No more than two motorcycles may be operated side by side in a single traffic lane.

(7) All motor vehicles, including motorcycles and quadricycles, are entitled to the full use of a traffic lane, and a vehicle may not be driven or operated in a manner that deprives any other vehicle of the full use of a traffic lane, except that motorcycles may, with the consent of both drivers, be operated no more than two abreast in a single traffic lane.

(8) Every person riding a motorcycle or quadricycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a motor vehicle except for those provisions which, by their nature, can have no application.

(9) A person operating a motorcycle or quadricycle shall operate the motorcycle or quadricycle in a reasonable and prudent manner at all times.

History: En. Sec. 102, Ch. 263, L. 1955; amd. Sec. 1, Ch. 175, L. 1967; R.C.M. 1947, 32-21-105; amd. Sec. 1, Ch. 345, L. 1983; amd. Sec. 35, Ch. 516, L. 1985; amd. Sec. 36, Ch. 352, L. 2003; amd. Sec. 2, Ch. 434, L. 2017.