MOTORCYCLES 39A:M-1. Equipment a. A person may not operate a motorcycle on a public highway if the handle bar grips are higher than the shoulder height of the seated operator. b. In addition to the muffler requirements contained in section 39:3-70, motorcycles shall be equipped with an approved muffler system designed specifically for motorcycles. c. A person who operates or rides on a motorcycle must wear an approved, properly sized and securely fitted protective helmet equipped with a neck or chin strap and reflectorized on both sides. No motor vehicle points shall be assessed for the failure to wear a protective helmet. d. A person who operates a motorcycle must wear approved goggles or an approved face shield unless the motorcycle is equipped with an approved wind screen. The Chief Administrator shall establish and maintain a list of approved helmets, goggles, face shields and windscreens. No person shall sell, offer or distribute any protective helmets, goggles or face shields for use with motorcycles unless they appear on the Chief Administrator’s list of approved devices. e. No motorcycle shall be operated on the public highways or roadways of this State unless the motorcycle was manufactured in compliance with applicable Federal Motor Safety Standards that were in effect on the day the motorcycle was manufactured and the motorcycle has a certification label, in the format prescribed by the National Highway Traffic Safety Administration, attesting to that compliance, permanently affixed by the original manufacturer. Source: 39:3-76.3; 39:76.3a; 39:3-76.4; 39:3-76.7; 39:3-76.8; 39:3-76.9; 39:376.10.
COMMENT This section contains the substance of the source sections, but has been consolidated. Subsection (e) is the former 39:3-76.3a.
39A:M-2. Passengers a. A person operating a motorcycle shall ride only upon its permanent and regular seat. A motorcycle shall not carry a passenger unless designed to carry more than one person, and the passenger may ride only upon the permanent and regular seat if designed for two persons, or another seat firmly attached behind or to the side of the operator. b. A passenger on a motorcycle, whether riding astride or in a sidecar, shall wear a securely fitted helmet of a proper size as required under section C. 39:3-76.7. c. Motorcycles designed to carry more than one person shall be equipped with adequate footrests for each person and the passenger’s feet must rest firmly upon the footrests. Seats and footrests shall be of a type approved by the Chief Administrator. Handholds shall be required as necessary to comply with federal regulations.
d. A motorcycle operator who carries a passenger in violation of this subsection is guilty of a class D offense. Source: 39:3-76.5
COMMENT This section contains the substance of the source section, but has been streamlined. The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.