Tennessee § 55-9-301 - [Reserved.]

§ 55-9-301. [Reserved.]

The driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title, or motor-driven cycle, and any passenger on any of these, shall be required to wear either a crash helmet meeting federal standards contained in 49 CFR 571.218, or, if the driver or passenger is twenty-one (21) years of age or older, a helmet meeting the following requirements: Except as provided in subdivisions (a)(2)-(4), the helmet shall meet federal motor vehicle safety standards specified in 49 CFR 571.218; Notwithstanding any provision in 49 CFR 571.218 relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (1½") in diameter; Notwithstanding any provision in 49 CFR 571.218, the protective surface shall not be required to be a continuous contour; and Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that the helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation. This section does not apply to persons riding: Within an enclosed cab; Autocycles, as defined in § 55-1-103, that are fully enclosed; Golf carts; In a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years of age or older; or In a funeral procession, memorial ride under a police escort, or body escort detail; provided, that: The driver travels at a speed not to exceed thirty (30) miles per hour; The driver or passenger is twenty-one (21) years of age or older; and The funeral procession, memorial ride, or body escort detail does not exceed a distance of fifty (50) miles. Acts 1967, ch. 45, § 2 (T.C.A. (supp.), § 50-944); Acts 1976, ch. 758, § 2; 1979, ch. 247, § 10; T.C.A., § 59-934; Acts 2000, ch. 606, § 3; 2005, ch. 430, § 1; 2005, ch. 459, § 1; 2006, ch. 535, § 1; 2015, ch. 492, § 1; 2016, ch. 1015, § 18. Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 2. Law Reviews. Constitutional Law — Requirement That a Motorcyclist Wear A Crash Helmet, 36 Tenn. L. Rev. 405. Attorney General Opinions. Senate Bill 925/House Bill 700, 109th Gen. Assem. (2015-16), does not violate equal protection guarantees because the State’s interests in preserving the fiscal integrity of its publicly funded health care programs and preventing broader societal costs provide a reasonable basis for the legislative distinction between adult motorcyclists with medical or health insurance other than insurance provided through TennCare and adult motorcyclists who are uninsured or who are insured through TennCare. OAG 15-70, 2015 Tenn. AG LEXIS 71 (10/12/2015). HJR 493, 109th Gen. Assem. 2016, does not affect the equal protection provisions of the Tennessee Constitution. OAG 16-11, 2016 Tenn. AG LEXIS 11 (3/29/2016).