It is enacted by the General Assembly as follows:

SECTION 1. Section 31-10.1-6 of the General Laws in Chapter 31-10.1 entitled "Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to read as follows:

31-10.1-6. Passengers. -- Any passenger on a motorcycle, motor scooter, or motor-driven cycle must be provided with a separate rear seat, a separate foot-rest, and an appropriate handlebar or grip for his or her use, and must wear a properly fitting helmet of a type approved by the administrator. No person shall operate a motorcycle, motor scooter, or motor-driven cycle unless any passenger wears a helmet. and also unless any passenger is able to rest his or her feet upon a foot rest; provided further that any passenger on a motorcycle, motor scooter, or motordriven cycle under twelve (12) years of age, must have a properly secured back-rest or equivalent and shall have his or her feet placed upon the foot-rest and shall be seated behind the operator unless a side car is provided. When, however, a side car is provided the aforesaid age requirement shall not apply to passenger(s) therein.

SECTION 2. This act shall take effect upon passage.