Senate Bill No. 538
(By Senators Chafin and Bailey)
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[Introduced February 7, 2002; 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 eighteen 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.
(a) No person shall under twenty-one years of age 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: Provided, That
a person who has not had 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 of said
article may not operate any motorcycle or motor-driven cycle unless
he or she 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.
(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 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 for a distance of
at least two hundred feet.
(f) There is hereby created a The six-member motorcycle
safety and education committee consisting is continued. It
consists 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 and 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 thousand 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.
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(NOTE: This bill would remove the requirement that adult
motorcycle operators and passengers and operators licensed for less
than two years wear helmets.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)