347.485 Protective headgear for use on motorcycles.

NOTE: Section 347.485 (title) is shown as affected eff. 5-1-20 by 2019 Wis. Act 50. Prior to 5-1-20 it reads:

(1)

(a) No person who holds an instructional permit under s. 343.07 (4) or who is under 18 years of age may operate or ride upon a motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.

NOTE: Par. (a) is shown as affected eff. 5-1-20 by 2019 Wis. Act 50. Prior to 5-1-20 it reads:

(a) No person who holds an instructional permit under s. 343.07 (4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.

(am) No person may operate a motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.

NOTE: Par. (am) is shown as affected eff. 5-1-20 by 2019 Wis. Act 50. Prior to 5-1-20 it reads:

(am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.

(b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a motorcycle, not meeting the standards established for motorcycle operation in 49 CFR 571.218.

NOTE: Par. (b) is shown as affected eff. 5-1-20 by 2019 Wis. Act 50. Prior to 5-1-20 it reads:

(b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a Type 1 motorcycle, not meeting the standards established for motorcycle operation in 49 CFR 571.218.

(2)

(a) No person may operate a motorcycle on any highway without wearing any of the following eye protection:

1. A protective face shield attached to the headgear.

2. Glasses.

3. Goggles.

(b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened.

(c) Notwithstanding par. (a), if the vehicle is an autocycle equipped with a windshield or a motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.

NOTE: Par. (c) is shown as amended eff. 5-1-20 by 2019 Wis. Act 50. Prior to 5-1-20 it reads:

(c) Notwithstanding par. (a), if the motorcycle is a Type 2 motorcycle equipped with a windshield or a Type 1 motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.

(d) This subsection shall not apply to persons operating a motorcycle in a parade sanctioned by the local municipality.

(3) No person may rent, lease or loan a motorcycle to another unless he or she has ascertained that such party has the required eye protection and, if the party holds an instructional permit under s. 343.07 (4) or is under 18 years of age, that the party has the required protective headgear for operating the motorcycle.

NOTE: Sub. (3) is shown as amended eff. 5-1-20 by 2019 Wis. Act 50. Prior to 5-1-20 it reads:

(4) Every person in the motorcycle rental business shall have clean, usable protective headgear for rent in sufficient quantity to care for the needs of all customers.

NOTE: Sub. (4) is shown as amended eff. 5-1-20 by 2019 Wis. Act 50. Prior to 5-1-20 it reads:

History: 1977 c. 29 s. 1654 (7) (e); 1977 c. 204, 447; 1983 a. 133, 243, 538; 1985 a. 65, 85; 2019 a. 50.

Three-wheeled trucks and automobiles, golf carts, and other special purpose vehicles such as street sweepers, industrial fork-lifts, and motorized wheelbarrows are not motorcycles, and operators are not subject to this section. 58 Atty. Gen. 17.