H. B. 2615
(By Delegates Love, Linch, Williams and Given)
[Introduced February 21, 1995; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section seven, article one-d,
chapter seventeen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact section forty-four, article fifteen, chapter
seventeen-c of said code, all relating to the motorcycle
safety fund; use of moneys in the fund; safety equipment
and requirements for motorcyclists; and creating a motor
cycle safety and education committee.
Be it enacted by the Legislature of West Virginia:
That section seven, article one-d, chapter seventeen-b of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section forty-four, article fifteen, chapter seventeen-c of said code
be amended and reenacted, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER LICENSES.
ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
§17B-1D-7. Motorcycle safety account.
(a) There is hereby created a special fund revenue account
in the state treasury which shall be designated the "motorcycle
safety fund." The fund shall consist of all moneys received
from motorcycle driver licensing fees except instruction permit
fees, one half of the moneys received from the motorcycle safety
fee assessed with each motorcycle registration under section
three-b, article ten, chapter seventeen-a of this code and any
other moneys specifically allocated to the fund. The fund shall
not be treated by the auditor and treasurer as part of the
general revenue of the state. The fund shall be a special
revolving fund to be used and paid out upon order of the
commissioner of motor vehicles, based upon the recommendations
of the motorcycle education and safety committee created under
section forty-four, article fifteen, chapter seventeen-c of this
code, solely for the purposes specified in this chapter.
(b) The fund shall be used by the division of motor vehicles to defray the cost of implementing and administering
the motorcycle safety education program established in section
two, article one-d of this chapter. Moneys in the special
revolving fund may also be used to defray the cost of
implementing and administering the motorcycle driver licensing
program.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 15. EQUIPMENT.
§17C-15-44. Safety equipment and requirements for
motorcyclists, motorcycles, motor-driven
cycles and mopeds; motorcycle safety and
education committee.
(a) No person shall operate or be a passenger on any
motorcycle or motor-driven cycle unless he or she is wearing
securely fastened on his or her head by either a neck or chin
strap a protective helmet designed to deflect blows, resist
penetration and spread impact forces. Any helmet worn by an
operator or passenger shall meet the current performance
specifications established by the American National Standards
Institute Standard, Z 90.1, the United States Department of
Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle
Users.
(b) No person shall operate or be a passenger on any
motorcycle or motor-driven cycle unless he or she is wearing
safety, shatter-resistant eyeglasses (excluding contact lenses),
or eyegoggles or face shield that complies with the performance
specifications established by the American National Standards
Institute for Head, Eye and Respiratory Protection, Z 2.1. In
addition, if any motorcycle, motor-driven cycle or moped be is
equipped with a windshield or windscreen, the windshield or
windscreen shall be constructed of safety, shatter-resistant
material that complies with the performance specifications
established by Department of Transportation Federal Motor
Vehicle Safety Standard No. 205 and American National Standards
Institute, Safety Glazing Materials for Glazing Motor Vehicles
Operated on Land Highways, Standard Z 26.1.
(c) No person shall operate a motorcycle, motor-driven
cycle or moped on which the handlebars or grips are more than
fifteen inches higher than the uppermost part of the operator's
seat when the seat is not depressed in any manner.
(d) A person operating a motorcycle, motor-driven cycle or
moped shall ride in a seated position facing forward and only
upon a permanent operator's seat attached to the vehicle. No
operator shall carry any other person nor shall any other person
ride on such a the vehicle unless the vehicle is designed to
carry more than one person, in which event a passenger may ride
behind the operator upon the permanent operator's seat if it is
designed for two persons, or upon another seat firmly attached
to the vehicle to the rear of the operator's seat and equipped
with footrests designed and located for use by the passenger or
in a sidecar firmly attached to the vehicle. No person shall
ride side saddle on a seat. An operator may carry as many
passengers as there are seats and footrests to accommodate those
passengers. Additional passengers may be carried in a factory
produced sidecar provided that there is one passenger per seat.
Passengers riding in a sidecar shall be restrained by safety
belts.
(e) Every motorcycle, motor-driven cycle and moped shall be
equipped with a rearview mirror affixed to the handlebars or
fairings and adjusted so that the operator shall have a clear view of the road and condition of traffic behind him for a
distance of at least two hundred feet.
(f) There is hereby created a six-member motorcycle safety
and education committee. The committee shall consist of a
superintendent of public safety, the commissioner of motor
vehicles, the director of the West Virginia safety council, a
representative of a motorcycle rights organization, an owner of
a motorcycle dealership and a supplier of aftermarket non-
franchised motorcycle supplies. The superintendent of public
safety committee is hereby authorized to approve or disapprove
types and makes of protective helmets, eye protection devices
and equipment offered for sale, purchased or used by any person.
The committee shall also make recommendations to the
commissioner of motor vehicles regarding the use of the moneys
in the motorcycle safety fund created under section seven,
article one-d, chapter seventeen-b of this code.
NOTE: This bill would create a motorcycle safety and
education committee to approve motorcycle equipment and to make
recommendations to the Commissioner of Motor Vehicles regarding
the expenditures of moneys in the motorcycle safety fund. It
also provides that a rearview mirror may be attached to
fairings.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.