ENGROSSED
Senate Bill No. 237
(By Senators Mitchell, Schoonover, Bowman, Jackson,
Chafin, Kessler, Edgell, Boley, Bailey, Minard and Sharpe)
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[Introduced January 27, 1999;
referred to the Committee on Transportation.]
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A BILL to amend and reenact section forty-four, article fifteen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
motorcycle operators and passengers; requiring certain
persons under the age of twenty-one or who have been
licensed less than two years to wear a helmet; helmet
standards; requiring the use of eye protection and setting
standards therefor; equipment standards; carrying of
passengers; and approval of equipment.
Be it enacted by the Legislature of West Virginia:
That section forty-four, article fifteen, chapter seventeen- c of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-44. Safety equipment and requirements for motorcyclists,
motorcycles, motor-driven cycles and mopeds; motorcycle
safety
standards and education committee.
And,
On page five, section forty-four, after line sixty-five, by
adding a new subsection, designated subsection (f), to read as
follows:
(f) Notwithstanding any other provision of this code, no
person shall be issued a Class F license or an endorsement under
section seven-b, article two, chapter seventeen-b of this code
after the thirtieth day of June, one thousand nine hundred
ninety-nine, unless they have successfully completed the West
Virginia motorcycle safety education program established by the
provisions of article one-d of said chapter seventeen-b.
Adopted
Rejected
(a) (1) Except as otherwise provided in subdivision (2) of
this subsection, no person shall operate or be a passenger on any
motorcycle or motor-driven cycle unless the person is wearing
securely fastened on his or her head by either a neck or chin
strap a protective helmet designed to deflect blows, resist
penetration and spread impact forces. Any helmet worn by an
operator or passenger shall meet the current performance
specifications established by the American national standards
institute standard, Z 90.1, the United States department of
transportation federal motor vehicle safety standard No. 218 or
Snell safety standards for protective headgear for vehicle users.
(2) The provisions of subdivision (1) of this subsection do
not apply to any operator twenty-one years of age or older who
has held a valid motorcycle license under section one, article two, chapter seventeen-b of this code or a valid license which
has been endorsed under section seven-b, article two, chapter
seventeen-b of this code for at least two years, or to any
passenger twenty-one years of age or older.
(b) No person shall operate or be a passenger on any
motorcycle or motor-driven cycle unless the person is wearing
safety, shatter-resistant eyeglasses (excluding contact lenses),
or eyegoggles or face shield that complies with the performance
specifications established by the American national standards
institute for head, eye and respiratory protection, Z 2.1. In
addition, if any motorcycle, motor-driven cycle or moped be is
equipped with a windshield or windscreen, the windshield or
windscreen shall be constructed of safety, shatter-resistant
material that complies with the performance specifications
established by department of transportation federal motor vehicle
safety standard No. 205 and American national standards
institute, safety glazing materials for glazing motor vehicles
operated on land highways, standard Z 26.1.
(c) No person shall operate a motorcycle, motor-driven cycle
or moped on which the handlebars or grips are more than fifteen
inches higher than the uppermost part of the operator's seat when the seat is not depressed in any manner.
(d) A person operating a motorcycle, motor-driven cycle or
moped shall ride in a seated position facing forward and only
upon a permanent operator's seat attached to the vehicle. No
operator shall carry any other person nor shall any other person
ride on the vehicle unless the vehicle is designed to carry more
than one person, in which event a passenger may ride behind the
operator upon the permanent operator's seat if it is designed for
two persons, or upon another seat firmly attached to the vehicle
to the rear of the operator's seat and equipped with footrests
designed and located for use by the passenger or in a sidecar
firmly attached to the vehicle. No person shall ride side saddle
on a seat. An operator may carry as many passengers as there are
seats and footrests to accommodate those passengers. Additional
passengers may be carried in a factory produced sidecar provided
that there is one passenger per seat. Passengers riding in a
sidecar shall be restrained by safety belts.
(e) Every motorcycle, motor-driven cycle and moped shall be
equipped with a rearview mirror affixed to the handlebars or
fairings and adjusted so that the operator shall have a clear
view of the road and condition of traffic behind him or her for a distance of at least two hundred feet.
SB237 SFA McKenzie 2/23 #1
Spencer 7913
Senator McKenzie moved to amend the bill on page two,
section forty-four, by striking out the section caption and
substituting therefor a new section caption, to read as follows:
§17C-15-44. Safety equipment and requirements for motorcyclists,
motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education
committee.
And,
On page five, section forty-four, after line sixty-five, by
adding a new subsection, designated subsection (f), to read as
follows:
(f) Notwithstanding any other provision of this code, no
person shall be issued a Class F license or an endorsement under
section seven-b, article two, chapter seventeen-b of this code
after the thirtieth day of June, one thousand nine hundred
ninety-nine, unless they have successfully completed the West
Virginia motorcycle safety education program established by the
provisions of article one-d of said chapter seventeen-b.
Adopted
Rejected