COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 89
(By Senators Oliverio, Minear, Chafin and Manchin)
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[Originating in the Committee on the Judiciary;
reported February 13, 1996.]
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A BILL 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; defining terms; establishing legislative
findings and purpose; requiring use of a helmet by children
riding on public roads; permitting municipalities to enact
ordinances; failure to wear helmet not admissible in civil
actions; requiring helmets to meet certain specifications;
and providing for penalties including a fine and community
service for a violation of this article.
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 the
age of twelve years 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 age fourteen or under the
age of fourteen 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 age fourteen or under the age of fourteen 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 twenty-five 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, within a twelve-month period, the court may waive the
fine upon receipt of satisfactory proof that the person has,
since the date of the violation, purchased or otherwise obtained,
a protective bicycle helmet.
§17C-11A-8. Ordinances.
Nothing in this article shall prevent any municipality from
enacting an ordinance which imposes greater regulation on the use
of bicycle helmets or imposes greater penalties than those
required by this article.
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(NOTE:The purpose of this bill is to create the "Child
Bicycle Safety Act".
Article 11A is new; therefore, strike-throughs and
underscoring have been omitted.)