H. B. 2981
(By Delegate Butcher)
[Introduced February 26, 1999; referred to the
Committee on Roads and Transportation then Finance.]
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
safety equipment for motorcyclists; allowing certain
operators of motorcycles and passengers to ride without
helmets; expanding the membership of the motorcycle safety
and education committee; and extending the existence of the
committee for two additional years.
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.
(a)(1) Except as otherwise provided in subdivision (2) of
this subsection, no person shall may 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-five 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 three years, or to any
passenger twenty-five years of age or older.
(b) No person shall may 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 may 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 may carry any other person nor shall may 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 may 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 the operator
for a distance of at least two hundred feet.
(f) There is hereby created a six member The motorcycle
safety and education committee consisting of: is continued. It
consists of ten members, who are: The superintendent of the
state police or a designee; the commissioner of motor vehicles or
a designee; the director of the governor's office of highway
safety or a designee; the director of the West Virginia safety
council or a designee; a licensed motorcycle operator; an owner
of a motorcycle dealership; and a supplier of aftermarket
nonfranchised motorcycle supplies; a representative of the
insurance industry; a representative of the recreational vehicle
industry; and a representative of the American association of
retired persons who is a licensed motorcycle operator. The
nongovernmental representatives shall be appointed by the governor with the advice and consent of the Senate, shall serve
without compensation, and the terms shall be for three years,
except that as to the members first appointed, one shall be
appointed for a term of one year, one shall be appointed for a
term of two years and one shall be appointed for a term of three
years. Members may be reappointed to the committee.
The committee shall continue to exist pursuant to the
provisions of article ten, chapter four of this code until the
first day of July, one two thousand nine hundred ninety-nine one,
to allow for the completion of a preliminary performance review
by the joint committee on government operations.
The committee is hereby authorized to recommend to the
superintendent of public safety the state police types and makes
of protective helmets, eye protection devices and equipment
offered for sale, purchased or used by any person. The committee
is authorized to make recommendations to the commissioner of
motor vehicles regarding the use of the moneys in the motorcycle
safety fund created under section seven, article one-d, chapter
seventeen-b of this code.
NOTE: The purpose of this bill is to allow operators of
motorcycles who are at least 25 years old and have three years
experience and passengers who at least are 25 years old to drive
and ride on motorcycles without wearing helmets. It also expands
the membership of the Motorcycle Safety and Education Committee
to 10 members and to extend the existence of the Committee for 2
more years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.