Senate Bill No. 89
(By Senators Oliverio, Minear, Chafin and Manchin)
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[Introduced January 18, 1996;referred to the Committee on the
Judiciary.]
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A BILL to amend article eleven, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eight, relating to requiring certain persons to wear
approved pedalcycle helmets; providing for a penalty for a
violation of this section; defining terms; and setting up a
pedalcycle helmet fund.
Be it enacted by the Legislature of West Virginia:
That article eleven, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eight, to read as follows:
ARTICLE 11. OPERATION OF BICYCLES AND PLAY VEHICLES.
§17C-11-8. Pedalcycle helmets for certain persons.
(a) General rule. -- A person under 12 years of age may
not operate a pedalcycle or ride as a passenger on a pedalcycle
unless the person is wearing a pedalcycle helmet. This
subsection shall also apply to a person who rides:
(1) Upon a pedalcycle while in a restraining seat attached
to a pedalcycle; or
(2) In a trailer towed by a pedalcycle.
(b) Helmet to be labeled. -- Any helmet sold or offered for
sale for use by operators and passengers of pedalcycles shall be
conspicuously labeled in accordance with the standard described
in subsection (a) of this section, which shall constitute the
manufacturer's certification that the helmet conforms to the
applicable safety standards.
(1) Sale of helmet. -- No person may sell or offer for sale
for use by an operator or passenger of a pedalcycle a helmet
which is not of a type meeting the requirements established by
this section.
(2) Waiver of fine. -- If a person receives a citation
issued by the proper authority for violation of subsection (a) of this section, a magistrate or judge shall dismiss the charges if
the person prior to or at his hearing displays evidence of
acquisition of a helmet meeting the standards prescribed in
subsection (a) of this section to a magistrate or judge.
Sufficient evidence shall include a receipt mailed to the
appropriate court officer which evidences purchase or transfer of
such a helmet from another helmet owner, evidenced by a notarized
letter.
(c) Penalty. -- Notwithstanding any other provisions of
law, any violation of subsection (a) of this section is
punishable by a fine, including all penalties, assessments and
court costs imposed on the convicted person not to exceed twenty-
five dollars. The court imposing and collecting any such fines
shall transfer the fines thus collected to the state treasurer
for deposit in the pedalcycle helmet fund, pursuant to
subsection (e) of this section. The parent or guardian having
control or custody of a person under twelve years of age whose
conduct violates this section shall be jointly and severally
liable with the person for the amount of the fine imposed.
(d) Definitions. -- As used in this section, the terms:
(1) "Toddler" means a child less than three years of age;
(2) "Minimal velocity" means any speed of five miles per
hour or less;
(3) "Pedalcycle" means any form of vehicular transportation
powered by the movement of the legs or feet, of a size greater
than that which would only accommodate a toddler, to exclude
those constructed in such a way that only minimal velocity may be
achieved under human power on level ground;
(4) "Pedalcycle helmet" means a protective head covering
meeting the standards of the American National Standards
Institute or of the Snell Memorial Foundation's Standards for
Protective Headgear for Use in Bicycling.
(5) "Wearing a pedalcycle helmet" means having a pedalcycle
helmet of good fit fastened securely upon the head with the
helmet straps.
(e) The pedalcycle helmet fund is established in the state
treasury as a special restricted receipts account earmarked for
and appropriated to the department of transportation. This fund
shall consist of all fines deposited pursuant to this section,
all federal funds granted for such use and any money donated to
the fund. All money in the pedalcycle helmet fund shall be used
solely for the purpose of purchasing pedalcycle helmets meeting the standards of the American National Standards Institute or of
the Snell Memorial Foundation's Standards for Protective Headgear
for use in bicycling and making such helmets available to
qualified loaner programs within this state. A qualified loaner
program shall be one determined by the department to lend
approved pedalcycle helmets to parents or legal guardians of
children under twelve years of age who, due to financial or
economic hardship, are unable to comply with the provisions of
this section. The department shall adopt such rules as are
necessary to effectuate the purpose of this section.
NOTE: The purpose of this bill is to require certain
persons to wear pedalcycle helmets.
§17C-11-8 is new; therefore, strike-throughs and
underscoring have been omitted.