Begining July 1, 2017 everyone under 18 will be required to wear a helmet when operating an ATV.

The new law holds the owner, the person in possession of the ATV, or the person allowed to use the ATV responsible for ensuring those under 18 actually wear a helmet when operating an ATV.  Failing to comply is a class C infraction and carries up to a $500 fine.

Indiana State Parks and their facilities have required all ATV riders to wear helmets for quite some time but this new law applies no matter where the ATV is operated including private property.

You can find the complete Indiana Code that has been adopted below:

SECTION 1. IC 9-18.1-14-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2017]:

Sec. 11. (a) An individual less than
eighteen (18) years of age who is operating or riding on an off-road
vehicle shall wear a helmet that meets the standards established by
the United States Department of Transportation under 49 CFR
571.218 as in effect January 1, 1979.
(b) An individual who violates this section commits a Class C
infraction.

SECTION 2. IC 14-16-1-29, AS AMENDED BY P.L.195-2014,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2017]:

Sec. 29. (a) A person who violates section 8, 9, 11.5,
13, 14, 20, 21, 23(a)(3) through 23(a)(14), or 27,
or 33 of this chapter commits a Class C infraction.
(b) A person who knowingly or intentionally violates section 17,
18(a), 18(b), 18(c), 23(a)(1), 23(a)(2), or 24 of this chapter commits a
Class B misdemeanor.
(c) A person who violates section 18(d) or 18(e) of this chapter
commits a Class A infraction.

SECTION 3. IC 14-16-1-33 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2017]:

Sec. 33. A person who is:
(1) the owner of an off-road vehicle;
(2) in possession of an off-road vehicle; or
(3) entitled to the possession of an off-road vehicle, whether
by reason of legal title, lease, license, rental arrangement,
lease with option to purchase, contract of conditional sale, or
otherwise;
may not knowingly authorize or permit an individual less than
eighteen (18) years of age to operate the off-road vehicle in
violation of IC 9-18.1-14-11.

Comments  

+1 #1 invisableman 2017-05-01 15:01
So, if I'm on my own property, police can trespass without a warrant on my property and cite me for not wearing a helmet? I don't think so! This law can easily be challenged and win!

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