A. Sections 28-955.01 and 28-955.02 do not apply to a racing motorcycle operated in a racing event or in a facility used for a racing event.
B. For the purposes of this section, “racing motorcycle” means either:
1. A motorcycle that is intended by the manufacturer to be operated at a facility used for a racing event. 2. A motorcycle that has been modified by the owner to be operated at a facility used for a racing event.
28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; prohibition
A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator’s or passenger’s head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab.
B. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator. A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat, footrests and handrails for the passenger.
C. A person shall not operate a motorcycle, all-terrain vehicle or motor driven cycle equipped with handlebars that are positioned so that the hands of the operator are above the operator’s shoulder height when the operator is sitting astride the seat and the operator’s hands are on the handlebar grips.
TITLE 28. TRANSPORTATION
CHAPTER 3. TRAFFIC AND VEHICLE REGULATION ARTICLE 20. OFF-HIGHWAY VEHICLES
In this article, unless the context otherwise requires:
1. “Highway” means the entire width between the boundary lines of every way pub licly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of vehicular travel.
2. “Off- highway recreation facility” includes off- highway vehicle use areas and trails specifically developed and designated for use by off-highway vehicles.
3. “Off-highway vehicle”:
(a) Means a motorized vehicle when operated off of highways on land, water, snow, ice or other natural terrain or on a combinatio n of land, water, snow, ice or other natural terrain.
(b) Includes a two-wheel, three-wheel or four-wheel vehicle, motorcycle, four-wheel drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion vehicle and any other means of la nd transportation deriving motive power from a source other than muscle or wind.
(c) Does not include a vehicle that is either:
(i) Designed primarily for travel on, over or in the water.
(ii) Used in installation, inspection, maintenance, repair or related activities involving facilities for the