Senate Bill No. 66
(By Senators Minear and Buckalew)
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[Introduced January 16, 1996; referred to the Committee
on the Judiciary.]
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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; requiring use of a
helmet and a restraining seat for passengers; and providing
for a fine 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;
(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; and
(4) The risk of head injury or of any other injury to a
small child who is a passenger on a bicycle operated by another
person would be significantly reduced if any such child-passenger
sat in a separate restraining seat;
(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 the public roads, public bicycle paths, and other public
rights-of-way of this state, all bicycle operators and passengers
under the age of eighteen years wear approved protective bicycle
helmets; that all bicycle passengers who weight less than forty
pounds or are less than forty inches in height be seated in
separate restraining seats; and that no person who is unable to
maintain an erect, seated position shall be a passenger in a
bicycle restraining seat and all other bicycle passengers shall
be seated on saddle seats.
§17C-11A-3. Definitions.
As used in this article, the following terms have the
following meanings:
(a) "Bicycle" means a human-powered vehicle with two wheels
in tandem 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 designed to
transport by pedaling which has more than two wheels where 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 stands institute
(ANSI) or the Snell memorial foundation.
(g) "Restraining seat" means a seat separate from the saddle
seat of the operator of the bicycle that is fastened securely to the frame of the bicycle and is adequately equipped to restrain
the passenger in such seat and protect such passenger from the
moving parts of the bicycle.
(h) "Passenger" means any person who travels on a bicycle in
any manner except as an operator.
(i) "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 and restraining seat use.
With regard to any bicycle used on a public roadway, public
bicycle path, or other public right-of-way:
(a) It is unlawful for any person under the age of eighteen
to operate or be a passenger on a bicycle 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 person to be a passenger on a
bicycle unless all of the following conditions are met:
(1) The person is able to maintain an erect, seated position
on the bicycle;
(2) Except as provided in paragraph (3), the person is properly seated alone on a saddle seat (as on a tandem bicycle);
and
(3) With respect to any person who weighs fewer than forty
pounds, or is less than forty inches in height, the person can be
and is properly seated in and adequately secured to a restraining
seat;
(c) It is unlawful for any parent or legal guardian of a
person below the age of eighteen to knowingly permit such person
to operate or be a passenger on a bicycle in violation of
subdivision (a) or (b) of this section;
(d) It is unlawful to rent or lease any bicycle to or for
the use of any person under the age of eighteen unless:
(1) The person is in possession of a protective bicycle
helmet of good fit at the time of such rental or lease; or
(2) The rental or lease includes a protective bicycle helmet
of good fit, and the person intends to wear the helmet, as
required by subdivision (a), at all times while operating or
being a passenger on the bicycle;
(e) It is unlawful to sell any bicycle to or for the use of
any person under the age of eighteen unless that person presents
satisfactory proof of ownership of a protective bicycle helmet of good fit, or purchases the same at the time of the purchase of
the bicycle.
§17C-11A-5. Penalties.
(a) Except as provided in subsection (b) below, any person
violating any requirement set forth in section four shall be
fined thirty dollars, inclusive of all penalty assessments and
court costs.
(b) In the case of a first violation within a twelve-month
period of subdivisions (a), (b) or (c), section four of this
article, 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, as appropriate, a
protective bicycle helmet or restraining seat, and uses and
intends to use the same whenever required under section four of
this article.
NOTE: The purpose of this bill is to create a child bicycle
safety act; require the use of a helmet and a restraining seat
for the passenger; and to provide for civil fines for violations
of this article.
This article is new; therefore, strike-throughs and
underscoring have been omitted.