Plain Text Law

Chapter 05. Motorcycles

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Motor Vehicle Administration.
(2)
“Face shield” means a transparent device worn in front of the eyes and covering a portion or all of the face, the primary function of which is to protect the eyes and face.
(3)
“Goggles” means a device with contour-shaped eyecups contacting the face and made with glass or plastic lenses, which is worn for the protection of the eyes and eye sockets.
(4)
“Protective helmet or headgear” means a device primarily intended to protect the upper part of the wearer's head against a blow or impact.
(5)
“Spectacles” means two lenses and a frame front which supports the lenses around their entire periphery, of suitable size and shape, connected by a nose bridge, and retained on the face by temples or other suitable means.

Regulation .02 Protective Helmets.Copy Citation

A.
On and after October 1, 1992, a person may not use, loan, borrow, sell, offer for sale, or distribute any protective helmets for use by the operators of motorcycles, or protective helmets for use by passengers, unless the protective helmets meet the standards established by the Administration.
B.
The Federal Motor Vehicle Safety Standard (FMVSS) 218, Motorcycle Helmets, 49 CFR §571.218 (1991), which is incorporated by reference, is adopted as the minimum standard for helmets required to be worn by operators and passengers on motorcycles in accordance with the requirements of Transportation Article, §21-1306, Annotated Code of Maryland.
C.
The test procedures for protective helmets or headgear shall be the test procedures described in FMVSS 218.
D.
The Administration shall accept all helmets which comply with the requirements of FMVSS 218, Motorcycle Helmets, 49 CFR §571.218 (1991).
E.
The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.
F.
Chin Strap.
(1)
Each approved helmet shall be equipped with either a neck or chin strap and be fastened when the motorcycle is in motion.
(2)
The protective headgear shall be worn on the head with chin strap properly fastened, and in contact with the chin or jaw by both operator and passenger at all times that the motorcycle is in motion.

Regulation .03 Face Shields, Goggles, and Spectacles of Motorcycle Operators.Copy Citation

A.
Pursuant to the provisions of Transportation Article, §21-1306, Annotated Code of Maryland, the Administration shall adopt specifications and test procedures for face shields, goggles, and spectacles for motorcycle operators as established in the federal Food and Drug Administration regulations on impact resistance, 21 CFR §801.410(d)(2), which is incorporated by reference.
B.
A person may not use, loan, borrow, sell, offer for sale, or distribute any face shields, goggles, or spectacles for use by operators of motorcycles or passengers unless the face shields, goggles, or spectacles are in compliance with the standard set forth in §A of this regulation as approved by the Administration.
C.
Approval. The Administration shall accept all face shields, goggles, and spectacles which comply with the provisions of 21 CFR §801.410(d)(2), which is incorporated by reference.
D.
All face shields, goggles, and spectacles shall be so designed as to allow the wearer an angle of vision of not less than 105 degrees and shall be worn in such a manner as not to be accidentally dislodged. Face shields, goggles, or spectacles shall be worn at all times, covering the face or eyes, or both, by both the operator and passenger of a motorcycle that is in motion. During such periods as vehicles are required to display lights, only nontinted (clear) materials shall be used in face shields, goggles, and spectacles.
E.
The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.

Regulation .04 Rearview Mirrors on Motorcycles.Copy Citation

Under the provisions of Transportation Article, §22-403, Annotated Code of Maryland, every motorcycle shall be equipped with two rearview mirrors, one each attached either to the right and left handlebars or to the right and left sides of the motorcycle fairing, and on and after July 1, 1973 shall meet the following standards:
A.
The mirror shall be securely mounted and sufficiently stable to provide a readily distinguishable image to the rider under normal conditions;
B.
The mirror shall be regular in shape (circular, oval, rectangular, or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury;
C.
The reflective surface of the mirror shall be of a size not less than 7 square inches and shall be capable of reflecting a view of the highway for a distance of at least 200 feet to the rear of the vehicle on which it is mounted;
D.
The mirror assembly shall be capable of adjustment within a range that will reflect an image that includes at least the horizon and the road surface 35 feet to the rear of the vehicle on which it is mounted.
Chapter annotations
Authority: Transportation Article, §§21-1306 and 22-403(c), Annotated Code of Maryland
History: Effective date:
History: Regulations .01 and .02 effective February 15, 1973
History: Regulation .03 adopted effective September 17, 1973
History: Chapter amended as an emergency provision effective October 1, 1992 (19:21 Md. R. 1887) (Emergency provisions are temporary and not printed in
History: COMAR)
History: Chapter revised effective March 15, 1993 (20:5 Md. R. 515)
History: Regulation .04 amended effective July 17, 1995 (22:14 Md. R. 1053)