§ 20-140.4. Special provisions for motorcycles and mopeds. - North Carolina Statutes

§ 20‑140.4.  Specialprovisions for motorcycles and mopeds.

(a)        No person shalloperate a motorcycle or moped upon a highway or public vehicular area:

(1)        When the number ofpersons upon such motorcycle or moped, including the operator, shall exceed thenumber of persons which it was designed to carry.

(2)        Unless the operatorand all passengers thereon wear on their heads, with a retention strap properlysecured, safety helmets of a type that complies with Federal Motor VehicleSafety Standard (FMVSS) 218.

(b)        Violation of anyprovision of this section shall not be considered negligence per se orcontributory negligence per se in any civil action.

(c)        Any personconvicted of violating this section shall have committed an infraction andshall pay a penalty of twenty‑five dollars and fifty cents ($25.50) plusthe following court costs: the General Court of Justice fee provided for inG.S. 7A‑304(a)(4), the telephone facilities fee provided for in G.S. 7A‑304(a)(2a),and the law enforcement training and certification fee provided for in G.S. 7A‑304(a)(3b).Conviction of an infraction under this section has no other consequence.

(d)        No drivers licensepoints or insurance surcharge shall be assessed on account of violation of thissection.  (1973,c. 1330, s. 6; 1989, c. 711, s. 1; 2007‑360, s. 7; 2009‑451, s.15.20(k).)