Section 20-140.4 - Special provisions for motorcycles and mopeds(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area: (1) When the number of persons upon or within such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218. This subdivision shall not apply to an operator of, or any passengers within, an autocycle that has completely enclosed seating or is equipped with a roll bar or roll cage.(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.(c) Any person convicted of violating this section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs:(1) The General Court of Justice fee provided for in G.S. 7A-304(a)(4).(2) The fee provided for in G.S. 7A-304(a)(2a).(3) One dollar and fifty cents ($1.50) to be remitted to the county wherein the infraction was issued, except in those cases in which the infraction was issued by a law enforcement officer employed by a municipality, the fee shall be paid to the municipality employing the officer.(4) One dollar and fifty cents ($1.50) for the supplemental pension benefits of sheriffs to be remitted to the Department of Justice and administered under the provisions of Article 12H of Chapter 143 of the General Statutes. Conviction of an infraction under this section has no other consequence.
(d) No drivers license points or insurance surcharge shall be assessed on account of violation of this section.N.C. Gen. Stat. § 20-140.4
Amended by 2022 N.C. Sess. Laws 6,s. 8.3-b, eff. 7/1/2022, and applicable to costs assessed on or after that date; however, in cases disposed of on or after that date by written appearance, waiver of trial or hearing, or plea of guilt or admission of responsibility pursuant to G.S. 7A-180(4) or G.S. 7A-273(2), and within the time limit imposed by G.S. 7A-304(a)(6), in which the citation or other criminal process was issued before July 1, 2022, the costs or fees shall be the lesser of those specified in this section or those specified in the notice portion of the defendant's or respondent's copy of the citation or other criminal process, if any costs or fees are specified in that notice.Amended by 2019 N.C. Sess. Laws 227,s. 6-a, eff. 10/1/2019.Amended by 2016 N.C. Sess. Laws 90,s. 12.5-b, eff. 7/11/2016.Amended by 2015 N.C. Sess. Laws 163,s. 11, eff. 10/1/2015.Amended by 2009 N.C. Sess. Laws 451,s. 15.20.(k), eff. 9/1/2009.Amended by 2007 N.C. Sess. Laws 360,s. 7, eff. 1/1/2008. 1973, c. 1330, s. 6; 1989, c. 711, s. 1.Effective date - Section 6.(b) of 2019 N.C. Sess. Laws 227 provides: "This section is effective October 1, 2019. Prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions."