COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 196
(By Senators Chafin, Bailey, Anderson, Mitchell and Bowman)
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[Originating in the Committee on Transportation;
reported February 17, 2000.]
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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; exempting certain
operators and passengers from the requirement of wearing a
helmet; and requiring completion of motorcycle safety
program.
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; exceptions;
motorcycle safety standards and education committee.
(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.
(f) There is hereby created a six-member motorcycle safety
and education committee consisting of: The superintendent of the
state police or a designee; the commissioner of motor vehicles 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. 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 one nine hundred ninety-nine,
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 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.
(g) 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, two thousand, 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.
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(NOTE: The purpose of this bill is to permit certain persons
to operate or be a passenger on a motorcycle without having to
wear a helmet. Operators who are twenty-one and have held a
motorcycle license for at least two years and passengers over
twenty-one need not wear a helmet. Also it requires that
operators complete the motorcycle program in Code §17B-1D.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)