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2017 Maryland Code
Transportation
Title 21 - Vehicle Laws -- Rules of the Road
Subtitle 13 - Operation of Motorcycles
§ 21-1306. Equipment for riders -- Motorcycles.
Universal Citation:
MD Transp Code § 21-1306 (2017)
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- (a) Exception. -- This section does not apply to any person riding in an enclosed cab.
- (b) Required headgear. -- An individual may not operate or ride on a motorcycle unless the individual is wearing protective headgear that meets the standards established by the Administrator.
- (c) Required eye-protective device or windscreen. -- A person may not operate a motorcycle unless:
- (1) He is wearing an eye-protective device of a type approved by the Administrator; or
- (2) The motorcycle is equipped with a windscreen.
- (d) Approval of protective devices by Administrator. -- The Administrator:
- (1) May approve or disapprove protective headgear and eye-protective devices required by this section;
- (2) May adopt and enforce regulations establishing standards and specifications for the approval of protective headgear and eye-protective devices; and
- (3) Shall publish lists of all protective headgear and eye-protective devices that he approves, by name and type.
- (e) Failure to use required headgear; evidence; civil actions. --
- (1) The failure of an individual to wear protective headgear required under subsection (b) of this section may not:
- (i) Be considered evidence of negligence;
- (ii) Be considered evidence of contributory negligence;
- (iii) Limit liability of a party or an insurer; or
- (iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motorcycle.
- (2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to protective headgear during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, supplying, or repair of protective headgear.
- (3)
- (i) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity or person arising out of an incident that involves protective headgear alleged to be defectively designed, manufactured, or repaired.
- (ii) In a civil action described under subparagraph (i) of this paragraph in which 2 or more parties are named as joint tort-feasors, interpleaded as defendants, or impleaded as defendants, and at least 1 of the joint tort-feasors or defendants is not involved in the design, manufacture, supplying, or repair of protective headgear, a court shall order on a motion of any party separate trials to accomplish the ends of justice.
- (1) The failure of an individual to wear protective headgear required under subsection (b) of this section may not:
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