H. B. 2536
(By Delegate Iaquinta)
[Introduced January 23, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven-b, relating
to requiring the use of helmets by skateboarders.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article eleven-b, to read as
follows:
ARTICLE 11B. SKATEBOARD SAFETY ACT.
§17C-11B-1. Short title.
This article shall be known and may be cited as the
"Skateboard Safety Act".
§17C-11B-2. Legislative findings and purpose.
(a) The Legislature hereby finds and declares that:
(1) Disability and death of children resulting from injuries
sustained in skateboarding accidents are a serious threat to the
public health, welfare and safety of the people of this state, and
the prevention of the disability and death associated with
skateboarding is a goal of the people of this state;
(2) Head injuries from skateboarding accidents are, for the
most part, preventable by simply requiring skateboarders to wear
protective helmets.
(3) By reducing the prospects of head injuries from
skateboarding accidents the state can expect to experience a
commensurate reduction in the cost for medical and rehabilitative
services that would otherwise be required to address those
injuries.
(b) The purpose of this article is to reduce the incidence of
disability and death that may result from injuries incurred in
skateboarding accidents by requiring that while using skateboards
on public roads, public skateboard paths and other public
rights-of-way of this state, all skateboarders wear approved
protective skateboard helmets.
§17C-11B-3. Definitions.
As used in this article:
(a) "Skateboard" means a short board mounted on small wheels
that is used for coasting and often for performing athletic stunts.
(b) "Public roadway" means a right-of-way under the jurisdiction and control of this state or a local political
subdivision thereof for use primarily by motor vehicles.
(c) "Public skateboard path" means a right-of-way under the
jurisdiction and control of this state or a local political
subdivision thereof for use by skateboarders and pedestrians.
(d) "Other public right-of-way" means any right-of-way other
than a public roadway or public skateboard path that is under the
jurisdiction and control of this state or a local political
subdivision thereof and is designed for use and used by vehicular
or pedestrian traffic.
(e) "Protective helmet" means a piece of headgear which meets
or exceeds the impact standards for protective helmets set by the
American national standards institute (ANSI) or the snell memorial
foundation's standards for protective headgear or American society
for testing and materials (ASTM) for use in skateboarding.
§17C-11B-4. Requirements for helmet use.
(a) It is unlawful for any person to skateboard on a public
roadway, public skateboard path or other public right-of-way unless
at all times when the person is so engaged he or she wears a
protective helmet of good fit, fastened securely upon the head with
the straps of the helmet.
(b) It is unlawful for any parent or legal guardian of a
person under sixteen years of age to knowingly permit such person
to skateboard on a public roadway, public skateboard path or other public right-of-way unless at all times when the person is so
engaged he or she wears a protective helmet of good fit, fastened
securely upon the head with the straps of the helmet.
§17C-11B-5. Sale of skateboard helmets.
Any helmet sold or offered for sale for use by skateboarders
shall be conspicuously labeled in accordance with the standard
described in subsection (e), section three of this article, which
constitutes the manufacturer's certification that the helmet
conforms to the applicable safety standards.
§17C-11B-6. Penalties.
(a) Any parent or legal guardian violating any requirement set
forth in section four of this article shall be fined twenty-five
dollars.
(b) Any person eighteen years or older who while skateboarding
violates any requirement set forth in section four of this article
shall be fined twenty-five dollars.
NOTE: The purpose of this article is to
require the use of
helmets on skateboards.
This article is new; therefore, strike-throughs and
underscoring have been omitted.