HB2834 H R&T AM 2-14
The Committee on Roads and Transportation moves to amend the
bill on page 1, after the enacting section, line 19, by striking
the remainder of the bill and inserting in lieu thereof the
following:
"ARTICLE 15. EQUIPMENT.
§17C-15-44. Safety equipment and requirements for motorcyclists,
motorcycles, motor-driven cycles and mopeds; motorcycle
safety standards and education committee.
(a) No person shall under twenty-one years of age may operate
or be a passenger on any motorcycle or motor-driven cycle unless
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.
(b) No person twenty-one years of age or older may operate or
be a passenger on a motorcycle or motor-driven cycle unless 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
: Provided, That the
provisions of this subsection are inapplicable if the operator has
been issued a valid motorcycle license pursuant to the provisions
of section one, article two, chapter seventeen-b of this code for
a period of two years or a valid license which has been endorsed
pursuant to the provisions of section seven-b of said article for
a period of two years.
(c)
Any A helmet that is required to be worn by an operator or
passenger of a motorcycle or motor driven cycle 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)(d) No person shall may operate or be a passenger on any
motorcycle or motor-driven cycle unless 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 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)(e) 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 may carry any other person nor shall may any other person
ride on 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 may 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)(f) 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 or her for a
distance of at least two hundred feet.
(f) There is hereby created a six member motorcycle safety and
education committee consisting of: The superintendent of the State
Police or a designee; the Commissioner of Motor Vehicles or a
designee; the director of the West Virginia safety council or a designee; a licensed motorcycle operator; an owner of a motorcycle
dealership; and a supplier of aftermarket nonfranchised motorcycle
supplies. The nongovernmental representatives shall be appointed
by the Governor with the advice and consent of the Senate, shall
serve without compensation, and the terms shall be for 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.
(g) The Motorcycle Safety and Education Committee established
in section eight, article one-d, chapter seventeen-b of this code
is hereby authorized to recommend to the Superintendent of Public
Safety West Virginia State Police types and makes of protective
helmets, eye protection devices and equipment offered for sale,
purchased or used by any person. The committee is authorized to
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."
Adopted
Rejected