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Equipment for motorcycle Rules

S 381. Motorcycle equipment.  1. (a) Every motorcycle, driven upon the
public highways of this state, shall be provided with adequate brakes in
good  working  order  and  sufficient  to control such motorcycle at all
times, when the same is in use, a suitable and adequate  bell,  horn  or
other  device for signaling, one red to amber stop lamp and shall, when-
ever such motorcycle is being operated upon the public highways  of  the
state,  display  one lighted lamp in front and one on the rear, or, when
such motorcycle is operated with a passenger or other truck attached  to
the  side  or front two such lamps on the front and one on the rear; and
in all cases the lamps on a motorcycle shall include a red light visible
from the rear. The rays of such rear lamp shall shine  upon  the  number
plate carried on the rear of such motorcycle in such manner as to render
the  numerals  thereon  visible for at least fifty feet in the direction
from which the motorcycle is proceeding. The light of the front lamp  or
lamps  shall  be  visible  at least two hundred feet in the direction in
which the motorcycle is proceeding. Every such motorcycle shall  have  a
suitable  muffler  or  device  to prevent unnecessary noise from exhaust
gases, and the use of so-called “cut-outs” is prohibited.
(b) Driving a motorcycle without the display of one  lighted  lamp  in
front and one on the rear, during a period other than from one-half hour
after  sunset  to  one-half  hour before sunrise, shall not be deemed to
constitute negligence  or  contributory  negligence  in  any  action  or
proceeding arising out of the operation of such motorcycle.
(c)  The provisions of this subdivision relating to the display of one
lighted lamp in front and one on the rear during  a  period  other  than
from  one-half  hour  after sunset to one-half hour before sunrise shall
not apply to a motorcycle, driven at a speed of less than  twenty  miles
per hour, owned by a municipality and used for the collection of parking
fees or the enforcement of parking regulations.
1-a.  Every  motorcycle  registered  in this state and manufactured or
assembled after January first, nineteen hundred seventy-one  and  desig-
nated  as  a nineteen hundred seventy-one or subsequent year model shall
be equipped with brakes acting on the front as well as the rear wheel.
2. No head lamp shall be used upon any motorcycle  operated  upon  the
public  highways  of  the  state,  unless  such  lamp is approved by the
commissioner or is equipped with a lens or other device approved by  the
commissioner.  Every  such  head  lamp,  lens  or  other device shall be
applied and adjusted in accordance with the requirements of the  certif-
icate  approving  the  use thereof. Every such head lamp shall be firmly
and substantially mounted on the motorcycle in such manner as  to  allow
the  lamp  to  be properly and readily adjusted. Each reflector which is
used as a part of such head lamp shall have a polished silver  or  glass
reflecting  surface,  or  a  reflecting surface which gives candle power
intensity meeting the requirements of rules and regulations  established
by  the  commissioner,  and shall be substantially free from dents, rust
and other imperfections. The operator of every motorcycle  shall  permit
any  policeman,  police officer or other person exercising police powers
to inspect the equipment of such motorcycle and make such tests  as  may
be  necessary  to  determine  whether the provisions of this section are
being complied with. The commissioner  may  make  reasonable  rules  and
regulations  relative  to  lights on motorcycles and the approval of the
same which may be necessary to effectuate the  foregoing  provisions  of
this section.
2-a.  It  shall  be  unlawful  for any person to operate on the public
highways of the state any motorcycle  manufactured  or  assembled  after
October first, nineteen hundred sixty-eight and designated as a nineteen
hundred  sixty-nine  or  subsequent year model unless such motorcycle is
equipped with the lamps required by this section, which lamps  shall  be
of a type, design and construction approved by the commissioner.
3.  Except as hereinafter provided, only a white or yellow light shall
be displayed upon a motorcycle so as to be visible from a point directly
in front of the vehicle. Any color light, except blue, may be displayed,
so as to be visible from a point directly in front of the vehicle, on  a
police vehicle or on a motorcycle operated by a sheriff or regular depu-
ty  sheriff when engaged in the performance of duty as a police officer.
Any color light, including blue, may be displayed, so as to  be  visible
from  a point directly in front of the vehicle, on a motorcycle operated
by a chief or assistant chief of a fire department, a county  or  deputy
county fire coordinator, or a county or assistant county fire marshal. A
blue  light may be displayed upon a motorcycle, so as to be visible from
a point directly in front of the vehicle, when  operated  by  an  active
volunteer  member  of  a  fire  department or company duly authorized as
hereinafter provided, and while such vehicle is in use for fire or other
emergency service.  No volunteer fireman shall be permitted to display a
blue light upon a motorcycle as hereinbefore provided except while actu-
ally enroute to the scene of a fire or  other  emergency  requiring  his
services  and  unless  he  shall be an active volunteer member of a fire
department or company and shall have been authorized in  writing  to  so
display  a  blue light by the chief of the fire department or company of
which he is a member, which authorization shall be subject to revocation
at any time by the chief who  issued  the  same,  or  his  successor  in
office.
4.  Every  motorcycle  shall  have at least one adequate red reflector
securely attached to the rear. Such reflector may be a part of the  rear
lamp.  No  reflector shall be deemed adequate within the meaning of this
subdivision unless it is of a size and type approved by the  commission-
er,  and unless it is so designed, located and maintained as to be visi-
ble for at least two hundred  feet  when  opposed  by  a  motor  vehicle
displaying  lawful undimmed headlights at night on an unlighted highway.
The provisions of this subdivision with respect to reflectors  shall  be
applicable,  both  day and night, whenever the motorcycle is on a public
highway.
5. No person shall operate on a public highway a motorcycle  on  which
the  handle  bars  or grips are more than fifteen inches higher than the
seat or saddle for the operator.
6. It shall be unlawful for any person  to  operate  or  ride  upon  a
motorcycle unless he wears a protective helmet of a type which meets the
requirements  set  forth in section 571.218 of the federal motor vehicle
safety standards as may from time to time be amended.  The  commissioner
is hereby authorized and directed to adopt regulations for helmets which
are  consistent with the requirements as specified in section 571.218 of
the federal motor vehicle safety standards as may from time to  time  be
amended.  The  police authorities of a city, town or village may issue a
permit exempting  members  of  organizations  sponsoring  or  conducting
parades or other public exhibitions from the provisions of this subdivi-
sion  while  such  members  are  participating  in such parades or other
public exhibitions.
7. It shall be unlawful, on and after January first, nineteen  hundred
sixty-seven,  for  any  person  to  operate a motorcycle unless he wears
goggles or a face shield of a type approved  by  the  commissioner.  The
commissioner is hereby authorized and empowered to adopt and amend regu-
lations  covering  types  of goggles and face shields and the specifica-
tions therefor and to establish and maintain a list of approved  goggles
and face shields which meet the specifications as established hereunder.
8. It shall be unlawful to operate on any public highway in this state
any  motorcycle  registered  in this state which is equipped with a wind
screen, unless such wind screen  meets  the  specifications  established
therefor  by  the commissioner. The commissioner is hereby authorized to
adopt  and amend regulations covering types of wind screens and specifi-
cations therefor.
9. It shall be unlawful to sell, offer  for  sale  or  distribute  any
goggles  or  face shields for use by the operators of motorcycles unless
they are of a type and specification approved by  the  commissioner  and
appear on the list of approved devices maintained by the commissioner.
9-a.  It  shall  be unlawful to sell, offer for sale or distribute any
protective helmets for use by the operators or passengers of motorcycles
unless they are consistent with the regulations of the  commissioner  as
provided  in subdivision six of this section and within the requirements
specified in section 571.218 of the federal motor vehicle safety  stand-
ards as may from time to time be amended.
10. It shall be unlawful after July first, nineteen hundred sixty-sev-
en  to operate on any public highway in this state any motorcycle regis-
tered in this state, unless such motorcycle is equipped with a rear view
mirror which shall be adjusted so that the operator of  such  motorcycle
shall have a clear view of the road and condition of traffic behind such
motorcycle.
11.  No person shall operate a motorcycle on any highway which is: (1)
not equipped with a muffler to prevent excessive or unusual  noise;  (2)
equipped  with  a muffler from which the baffle plates, screens or other
original internal parts have been removed or altered; (3) equipped  with
an  exhaust  device without internal baffles, known as “straight pipes”;
or (4) equipped with an exhaust system  that  has  been  modified  in  a
manner  that  will amplify or increase the noise emitted by the motor of
such vehicle  above  that  emitted  by  the  exhaust  system  originally
installed on the vehicle.
12.  No  person  shall  operate  a  motorcycle on any highway which is
equipped with an exhaust device that is intentionally designed to  allow
for  the  internal  baffling  to be fully or partially removed or inter-
changeable. This subdivision shall not apply to  a  motorcycle  manufac-
tured  or assembled prior to nineteen hundred seventy-nine or a motorcy-
cle registered as a limited  use  vehicle  or  an  all  terrain  vehicle
pursuant to article forty-eight-A or forty-eight-B of this chapter.
13.  A  violation  of  any  of the provisions of this section shall be
punishable by a fine not exceeding one hundred dollars or  by  imprison-
ment  for  not exceeding thirty days, or by both such fine and imprison-
ment.