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Code of Kingston

Table of Contents » Title 15 Motor Vehicles, Traffic and Parking » Chapter 1 Miscellaneous » § 15-120 Motorcycles, motor-driven cycles, motorized bicycles, bicycles, etc.
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15
Title 15
15-1
Title 15, Chapter 1
15-101
§ 15-101
Kingston
Title 15 : Motor Vehicles, Traffic and Parking
Chapter 1 : Miscellaneous

15-120 : Motorcycles, motor-driven cycles, motorized bicycles, bicycles, etc.

  1. Definitions. For the purpose of the application of this section, the following words shall have the definitions indicated.



    1. "Motorcycle." Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including a vehicle that is fully enclosed, has three (3) wheels in contact with the ground, weighs less than one thousand five hundred (1,500) pounds, and has the capacity to maintain posted highway speed limits, but excluding a tractor or motorized bicycle.
    2. "Motor-driven cycle." Every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred and twenty-five cubic centimeters (125cc).
    3. "Motorized bicycle." A vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty (30) miles per hour on level ground.
  2. Every person riding or operating a bicycle, motorcycle, motor-driven cycle or motorized bicycle shall be subject to the provisions of all traffic ordinances, rules, and regulations of the city applicable to the driver or operator of other vehicles, except as to those provisions which by their nature can have no application to bicycles, motorcycles, motor-driven cycles, or motorized bicycles.
  3. No person operating or riding a bicycle, motorcycle, motor-driven cycle or motorized bicycle shall ride other than upon or astride the permanent and regular seat attached thereto, nor shall the operator carry any other person upon such vehicle other than upon a firmly attached and regular seat thereon.
  4. No bicycle, motorcycle, motor-driven cycle or motorized bicycle shall be used to carry more persons at one (1) time than the number for which it is designed and equipped.
  5. No person operating a bicycle, motorcycle, motor-driven cycle or motorized bicycle shall carry any package, bundle, or article which prevents the rider from keeping both hands upon the handlebars.
  6. No person under the age of sixteen (16) years shall operate any motorcycle, motor-driven cycle or motorized bicycle while any other person is a passenger upon said motor vehicle.
    1. Each driver of a motorcycle, motor-driven cycle, or motorized bicycle and any passenger thereon shall be required to wear on his head, either a crash helmet meeting federal standards contained in 49 CFR 571.218, or, if such driver or passenger is twenty-one (21) years of age or older, a helmet meeting the following requirements:
      1. Except as provided in subsections (7)(a)(ii) to (7)(a)(iv), the helmet shall meet federal motor vehicle safety standards specified in 49 CFR 571.218;
      2. Notwithstanding any provision in 49 CFR 571.218 relative to helmet penetration standards, ventilation airways may penetrate through the entire shell of the helmet; provided, that no ventilation airway shall exceed one and one-half inches (1-1/2") in diameter;
      3. Notwithstanding any provision in 49 CFR 571.218, the protective surface shall not be required to be a continuous contour; and
      4. Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that such helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CSPM), or the Snell Foundation.
    2. This section does not apply to persons riding:
      1. Within an enclosed cab;
      2. Motorcycles that are fully enclosed, have three (3) wheels in contact with the ground, weigh less than one thousand five hundred (1,500) pounds and have the capacity to maintain posted highway speed limits;
      3. Golf carts; or
      4. In a parade, at a speed not to exceed thirty (30) miles per hour, if the person is eighteen (18) years or older.
  8. Every motorcycle, motor-driven cycle, or motorized bicycle operated upon any public way within the corporate limits shall be equipped with a windshield or, in the alternative, the operator and any passenger on any such motorcycle, motor-driven cycle or motorized bicycle shall be required to wear safety goggles, faceshield or glasses containing impact resistant lens for the purpose of preventing any flying object from striking the operator or any passenger in the eyes.
  9. It shall be unlawful for any person to operate or ride on any vehicle in violation of this section, and it shall also be unlawful for any parent or guardian knowingly to permit any minor to operate a motorcycle, motor-driven cycle or motorized bicycle in violation of this section.