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.