§ 21-1301. Traffic laws apply to persons operating motorcycles
§ 21-1302. Riding on motorcycles
§ 21-1303. Operating on laned roadways
§ 21-1303.1. Restrictions; requirements
§ 21-1304. Clinging to other vehicles
§ 21-1305. Footrests and handlebars
§ 21-1306. Equipment for riders — Motorcycles.
§ 21-1306.1. Equipment for riders — Mopeds and motor scooters.
§ 21-1307. Bicycle Advisory Committee
§ 21-1301. Traffic laws apply to persons operating motorcycles
Every person operating a motorcycle has all the rights granted to and is subject to all the duties required of the driver of any other vehicle under this title, except:
(1) As otherwise provided in this title; and
(2) For those provisions of this title that by their very nature cannot apply.
§ 21-1302. Riding on motorcycles
(a) Required seating. — The operator of a motorcycle may ride the motorcycle only on the permanent and regular seat attached to it.
(b) Restrictions on carrying other persons — Operator. — The operator of a motorcycle may not carry any other person unless the motorcycle is designed to carry more than one person, in which event a passenger may ride on the permanent and regular seat, if designed for two persons, or on another seat firmly attached to the motorcycle at the rear or side of the operator.
(c) Restrictions on carrying other persons — Person other than operator. — A person other than the operator of a motorcycle may not ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride on the permanent and regular seat, if designed for 2 persons, or on another seat firmly attached to the motorcycle at the rear or side of the operator.
(d) Riding position. — A person may ride on a motorcycle operated under a Class M driver’s license only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
(e) Transporting articles. — A person may not operate a motorcycle while carrying any package, bundle, or other article that prevents the person from keeping both hands on the steering mechanism.
(f) Transporting persons. — The operator of a motorcycle may not carry any person in a position that interferes with the operation or control of the motorcycle or the view of the operator.
(g) Passengers riding in position interfering with operation. — A person other than the operator of a motorcycle may not ride in a position that interferes with the operation or control of the motorcycle or the view of the operator.
§ 21-1303. Operating on laned roadways
(a) Scope of section. —
(1) On any roadway that is divided into two or more clearly marked lanes for vehicular traffic, the following rules, in addition to any others consistent with them apply.
(2) Subsections (c) and (d) of this section do not apply to police officers in the performance of their official duties.
(b) Motorcycle entitled to full use of lane. —
(1) This subsection does not apply to motorcycles operated two abreast in a single lane.
(2) Every motorcycle is entitled to the full use of a lane, and a motor vehicle may not be driven in any manner that deprives any motorcycle of the full use of a lane.
(c) Overtaking and passing. — The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken.
(d) Driving between lanes of traffic prohibited. — A person may not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(e) Motorcycles not to be driven more than two abreast. — Motorcycles may not be operated more than two abreast in a single lane.
§ 21-1303.1. Restrictions; requirements
(a) Minimum engine size required on certain roadways. — Notwithstanding any other provisions of this title, a person may not operate a motorcycle that has a motor with a rating of 1.5 brake horsepower or less, or a capacity of less than 70 cubic centimeters piston displacement:
(1) On a roadway where the posted maximum speed limit is more than 50 miles per hour; or
(2) On any expressway or other controlled access highway.
(b) Dealer warnings required. —
(1) Prior to the sale of such vehicle, any dealer or agent or employee of a dealer, any vehicle salesman, or other person who sells a motorcycle as defined in this subsection shall inform the buyer of the operating restrictions imposed by this section.
(2) The Administration may provide a warning of the operating restrictions imposed by this subsection.
§ 21-1304. Clinging to other vehicles
A person riding on any motorcycle may not attach it or himself to any other vehicle on a roadway.
§ 21-1305. Footrests and handlebars
(a) Footrests. — If any motorcycle carries a passenger other than in a sidecar or enclosed cab, the motorcycle shall be equipped with footrests for the passenger.
(b) Handlebars. — A person may not operate any motorcycle with handlebars more than 20 inches in height above the part of the seat occupied by the operator.
§ 21-1306. Equipment for riders — Motorcycles.
(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.
§ 21-1306.1. Equipment for riders — Mopeds and motor scooters.
(a) Exception. — This section does not apply to any individual riding in an enclosed cab.
(b) Required headgear. — An individual may not operate or ride on a moped or motor scooter unless the individual is wearing protective headgear that meets the standards provided under 49 C.F.R § 571.218.
(c) Required eye-protective device or windscreen. — An individual may not operate a moped or motor scooter unless:
(1) The individual is wearing an eye-protective device of a type approved by the Administrator; or
(2) The moped or motor scooter 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 the Administrator 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 moped or motor scooter.
(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 two or more parties are named as joint tort-feasors, interpleaded as defendants, or impleaded as defendants, and at least one 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.
§ 21-1307. Bicycle Advisory Committee
Transferred.