ENGROSSED
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 fourteen 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.