(a) It shall be unlawful for any driver of a motorcycle or motor scooter to carry as a passenger or to permit to ride thereon any person under the age of seven years.
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(b) A driver of a motorcycle or motor scooter shall be permitted to carry as a passenger or permit to ride thereon any person under the age of seven years; provided that the motorcycle or motor scooter:

(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger; and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6.
(c) A motorcycle or motor scooter driver who violates this section shall be fined not more than $200.

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