H. B. 2680
(By Delegates Riggs and Fealy)
[Introduced March 23, 1993; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section forty-four, article fifteen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
motorcycle passengers.
Be it enacted by the Legislature of West Virginia:
That section forty-four, article fifteen, chapter seventeen-
c of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
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 is wearing securely
fastened on his 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 shallmeet 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 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
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 vehicle unless the vehicle is designed to carrymore 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 more than two
persons, the operator and one passenger, shall ride the same
vehicle at the same time. 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 side car 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 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.
The superintendent of public safety 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.
NOTE: The purpose of this bill is to increase the number of
passengers allowed to equal the number of seats and footrests.