ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 89
(Senators Oliverio, Minear, Chafin and Manchin, original
sponsors)
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[Passed March 9, 1996; in effect ninety days from passage.]
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AN ACT to amend chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven-a, relating
to creating a child bicycle safety act; setting forth a
short title; establishing legislative findings and purpose;
defining terms; requiring helmets to meet certain
specifications; requiring use of a helmet by children under
the age of fifteen riding on public roads; requiring
labeling to certify conformance with safety standards on
helmets sold; failure to wear helmet not admissible in civil actions; providing for penalties including a fine and
community service for a violation; waiver for first offense;
financial affidavit to be filed as evidence of inability to
pay for a helmet; permitting municipalities to enact
ordinances; and bicycle safety program.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eleven-a, to
read as follows:
ARTICLE 11A. CHILD BICYCLE SAFETY ACT.
§17C-11A-1. Short title.
This article shall be known and may be cited as the "Child
Bicycle Safety Act".
§17C-11A-2. Legislative findings and purpose.
(a) The Legislature hereby finds and declares that:
(1) Disability and death of children resulting from injuries
sustained in bicycling accidents are a serious threat to the
public health, welfare and safety of the people of this state,
and the prevention of such disability and death is a goal of such
people;
(2) Head injuries are the leading cause of disability and
death from bicycling accidents; and
(3) The risk of head injury from bicycling accidents is
significantly reduced for bicyclists who wear proper protective
bicycle helmets; yet helmets are worn by fewer than five percent
of child bicyclists nationwide.
(b) The purpose of this article is to reduce the incidence
of disability and death resulting from injuries incurred in
bicycling accidents by requiring that while riding on a bicycle
on public roads, public bicycle paths and other public rights-of-
way of this state, all bicycle operators and passengers under
fifteen years of age wear approved protective bicycle helmets.
§17C-11A-3. Definitions.
As used in this article:
(a) "Bicycle" means a human-powered vehicle with wheels
designed to transport, by the action of pedaling, one or more
persons seated on one or more saddle seats on its frame. Such
term also includes a human-powered vehicle, and any attachment to
such vehicle designed to transport by pedaling when the vehicle
is used on a public roadway, public bicycle path or other public
right-of-way, but does not include a tricycle.
(b) "Tricycle" means a three-wheeled human-powered vehicle
designed for use as a toy by a single child under the age of six years, the seat of which is no more than two feet from ground
level.
(c) "Public roadway" means a right-of-way under the
jurisdiction and control of this state or a local political
subdivision thereof for use primarily by motor vehicles.
(d) "Public bicycle path" means a right-of-way under the
jurisdiction and control of this state or a local political
subdivision thereof for use primarily by bicycles and
pedestrians.
(e) "Other public right-of-way" means any right-of-way other
than a public roadway or public bicycle path that is under the
jurisdiction and control of this state or a local political
subdivision thereof and is designed for use and used by vehicular
or pedestrian traffic.
(f) "Protective bicycle helmet" means a piece of headgear
which meets or exceeds the impact standards for protective
bicycle helmets set by the American national standards institute
(ANSI) or the snell memorial foundation's standards for
protective headgear or American society for testing and materials
(ASTM) for use in bicycling.
(g) "Passenger" means any person who travels on a bicycle in
any manner except as an operator.
(h) "Operator" means a person who travels on a bicycle
seated on a saddle seat from which that person is intended to and
can pedal the bicycle.
§17C-11A-4. Requirements for helmet use.
(a) It is unlawful for any person under fifteen years of age
to operate or be a passenger on a bicycle or any attachment to a
bicycle used on a public roadway, public bicycle path or other
public right-of-way unless at all times when the person is so
engaged he or she wears a protective bicycle helmet of good fit,
fastened securely upon the head with the straps of the helmet.
(b) It is unlawful for any parent or legal guardian of a
person under fifteen years of age to knowingly permit such person
to operate or be a passenger on a bicycle or on any attachment to
a bicycle used on a public roadway, public bicycle path or other
public right-of-way unless at all times when the person is so
engaged he or she wears a protective bicycle helmet of good fit,
fastened securely upon the head with the straps of the helmet.
§17C-11A-5. Sale of bicycle helmets.
Any helmet sold or offered for sale for use by operators and
passengers of bicycles shall be conspicuously labeled in
accordance with the standard described in subsection (f), section
three of this article, which shall constitute the manufacturer's
certification that the helmet conforms to the applicable safety standards.
§17C-11A-6. Civil actions.
A violation of section four of this article is not
admissible as evidence of negligence or contributory negligence
or comparative negligence in any civil action or proceeding for
damages, and shall not be admissible in mitigation of damages.
§17C-11A-7. Penalties.
(a) Notwithstanding the provisions of section one, article
eighteen of this chapter, any parent or legal guardian violating
any requirement set forth in section four of this article shall
be fined ten dollars or be required to perform two hours in
community service related to a child injury prevention program
which includes injury prevention education or both fined and
required to perform such community service. Notwithstanding the
provisions of section one, article eleven, chapter eight of this
code, no court costs may be assessed to any person violating the
requirements of section four of this article.
(b) In the case of a first violation of section four of this
article, the court may waive the fine upon receipt of
satisfactory proof that the person has a helmet or within a
reasonable time from the date of the violation, purchased or
otherwise obtained, a protective bicycle helmet.
(c) It is an absolute defense to a charge for a violation of this article that a parent or legal guardian is unable to pay for
the protective bicycle helmet. Inability to pay may be
demonstrated by the filing of a financial affidavit in accordance
with the provisions of subsection (c), section one, article two,
chapter fifty-nine of this code. Any person who demonstrates
inability to pay shall be referred to the governor's highway
safety program for assistance in obtaining the appropriate helmet
or helmets.
§17C-11A-8. Ordinances.
Nothing in this article shall limit the right of any
municipality to enact an ordinance on the use of bicycle helmets.
§17C-11A-9. Bicycle safety program.
(a) Commencing on the first day of July, one thousand nine
hundred ninety-six, the governor's highway safety program shall
initiate and conduct an educational and public awareness program
designed to encourage people to comply with the requirements of
this article.
(b) The governor's highway safety program shall make
application for grants or any other funding to subsidize the
costs of purchasing helmets for people who qualify under the
provisions of subsection (c), section seven of this article.