H. B. 2615
(By Delegates Love, Linch, Williams and Given)
[Introduced January 10, 1996; 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.
********************
ROADS AND TRANSPORTATION COMMITTEE AMENDMENT
On page one, following the enacting clause, by striking out
the remainder of the bill and inserting in lieu thereof the
following:
That section two, article one-d, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section five, article
two of said chapter be amended and reenacted; that section
forty-four, article fifteen, chapter seventeen-c of said code be
amended and reenacted; and that section three, article six,
chapter eighteen of said code, be amended and reenacted, all to
read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
§17B-1D-2. Program established.
(a) The West Virginia motorcycle safety education program
is hereby established within the division to be administered by
the commissioner. The program shall include rider training
courses and instructor training courses. It may also include
efforts to enhance public motorcycle safety awareness, alcohol
and drug effects awareness for motorcyclists, driver improvement
efforts, licensing improvement efforts, program promotion and
other efforts to enhance motorcycle safety through education.
(b) The commissioner shall appoint a program coordinator
who shall oversee and direct the program, and conduct an annual
evaluation. Rider training courses shall be conducted annually
in no fewer than four sites throughout the state, commencing no
later than the first day of July, one thousand nine hundred and
ninety-six.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-5. Qualifications, issuance and fee for instruction
permits.
(a) Any person who is at least fifteen years of age may
apply to the division for an instruction permit. The division
may, in its discretion, after the applicant has appeared before
the department of public safety and successfully passed all
parts of the examination other than the driving test and
presented documentation of compliance with the provisions of
section eleven, article eight, chapter eighteen of this code,
issue to the applicant an instruction permit which shall entitle
the applicant while having such permit in such person's
immediate possession to drive a motor vehicle upon the public
highways when accompanied by a licensed driver of at least
twenty-one years of age or a driver's education or driving
school instructor that is acting in an official capacity as an
instructor, who is occupying a seat beside the driver, except in
the event the permittee is operating a motorcycle, but in no
event shall the permittee be allowed to operate a motorcycle upon a public highway until reaching sixteen years of age. Any
such instruction permit issued to a person under the age of
sixteen years shall expire sixty days after the permittee
reaches sixteen years of age: Provided, That only permittees
who have reached their sixteenth birthday are eligible to take
the driving examination as provided in section six of this
article. The instruction permit may be renewed for one
additional period of sixty days. Any such permit issued to a
person who has reached the age of sixteen years shall be valid
for a period of sixty days and may be renewed for an additional
period of sixty days or a new permit issued. The fee for such
instruction permit shall be four dollars, one dollar of which
shall be paid into the state treasury and credited to the state
road fund, and the other three dollars of which shall be paid
into the state treasury and credited to the general fund to be
appropriated to the department of public safety for application
in the enforcement of the road law.
(b) Any person sixteen years of age or older may apply to
the division for a motorcycle instruction permit. The division
of motor vehicles may, in its discretion, after the applicant
has appeared before the division of public safety and
successfully passed all parts of the motorcycle examination
other than the driving test, and presented documentation of
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code, issue to the applicant an instruction permit which entitles the applicant while having
such permit in such person's immediate possession to drive a
motorcycle upon the public streets or highways for a period of
sixty ninety days, during the daylight hours between sunrise and
sunset only. No holder of a motorcycle instruction permit shall
operate a motorcycle while carrying any passenger on the
vehicle. A motorcycle instruction permit is not renewable, but
a qualified applicant may apply for a new permit. The fee for
a motorcycle instruction permit shall be five dollars, which
shall be paid into a special fund in the state treasury known as
the motorcycle license examination fund as established in
section seven-c, article two of this chapter.
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 standards and
specifications board.
(a) No person shall operate or be a passenger on any
motorcycle or motor-driven cycle unless he the person 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 the person 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 superintendent of the state
police, the commissioner of motor vehicles, and the director of
the West Virginia safety council, or their designees, shall
serve on the committee. The other members of the committee shall
be a representative of a motorcycle rights organization, an owner of a motorcycle dealership and a supplier of aftermarket
non-franchised motorcycle supplies, all to be appointed by the
governor, and to serve without compensation for terms of three
years, except that as to the members first appointed, one shall
be appointed for a term of one year, one shall be appointed for
a term of two years and one shall be appointed for a term of
three years. Members may be reappointed to the committee. The
committee shall continue to exist pursuant to the provisions of
article ten, chapter four of this code until the first day of
July, one thousand nine hundred ninety nine, to allow for the
completion of a preliminary performance review by the joint
committee on government operations. 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.
CHAPTER 18. EDUCATION.
ARTICLE 6. DRIVER EDUCATION.
§18-6-3. State board to establish minimum course standards;
students with mental or physical defects; minimum
standards specified.
(a) The state board of education shall establish minimum
standards for all driver education courses offered and made
available to persons within the state, regardless of whether
the courses are offered by public, private, parochial, denominational or commercial schools, but no person shall be
permitted to enroll in any driver education course who has a
known mental or physical defect that would prevent the person
from qualifying for an operator's license, unless the mental
or physical defect is controlled or corrected so the person
could so qualify.
(b) The minimum standards shall provide at least that:
(a)(1) All driver education courses offered within the
state are taught by instructors certified by the state board
as qualified for these purposes.
(b)(2) Each person enrolled in a driver education course
shall receive practice driving and observation in a dual
control automobile and instruction in at least the following:
(1)(A) Basic and advanced driving techniques, including
techniques for handling emergencies.
(2)(B) Traffic regulations and laws of the road as
provided in chapter seventeen-c of this code, and other
applicable state and local laws and ordinances.
(3)(C) Critical mechanical parts of vehicles requiring
preventive maintenance for safety.
(4)(D) The vehicle, highway and community features that
aid the driver in avoiding crashes; protect him and his
passengers in crashes; and maximize the salvage of the
injured.
(5)(E) Signs, signals, highway markings and highway design features which require understanding for safe operation
of motor vehicles.
(6)(F) Differences in characteristics of urban and rural
driving, including safe use of modern expressways.
(7)(G) Pedestrian safety.
(8)(H) Motorcycle safety awareness.
(c) Students participating in driver education courses
shall be encouraged to acquire first aid skill.
ROADS AND TRANSPORTATION TITLE AMENDMENT
"A Bill to amend and reenact section two, article one-d,
chapter seventeen-b of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
section five, article two of said chapter; to amend and reenact
section forty-four, article fifteen, chapter seventeen-c of said
code; and to amend and reenact section three, article six,
chapter eighteen of said code, all relating to motorcycle safety
education; motorcycle instruction permits; creation of
motorcycle safety and education committee; and motorcycle safety
awareness driver education."