H. B. 2245
(By Delegate Iaquinta)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17C-11B-1, §17C-11B-
2, §17C-11B-3, §17C-11B-4, §17C-11B-5 and §17C-11B-6, all
relating to requiring the use of helmets by skateboarders;
making legislative findings; defining terms; setting forth
requirements for helmets; setting forth requirements for the
sale of helmets; and establishing monetary penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17C-11B-1, §17C-11B-2,
§17C-11B-3, §17C-11B-4, §17C-11B-5 and §17C-11B-6, all to read as
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 finds and declares that:
_____(1) Disabilities and deaths of children resulting from
skateboarding accident injuries are a serious threat to public
health, welfare and safety of the people of this state. Therefore,
the prevention of these disabilities and deaths 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
_____(3) By minimizing head injuries from skateboarding accidents,
the state can experience a reduction in medical and rehabilitative
_____(b) The purpose of this article is to reduce the incidence of
these disabilities and deaths by requiring all skateboarders wear
approved protective skateboard helmets while using skateboards on
public roads, public skateboard paths and other public rights-of-
way of this state.
_____As used in this article:
_____(a) "Skateboard" means a short board mounted on small wheels
used for coasting and often for performing athletic stunts.
_____(b) "Public roadway" means a right-of-way under the
jurisdiction of this state or local political subdivision for
primary motor vehicle use.
_____(c) "Public skateboard path" means a right-of-way under the
jurisdiction of this state or a local political subdivision for
pedestrian and skateboard use.
_____(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 of this state or a local political subdivision and
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 for use in
skateboarding set by:
_____(1) The American National Standards Institute; or
_____(2) The Snell Memorial Foundation's Standards for Protective
_____(3) American Society for Testing and Materials.
§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 the person 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 the person 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.
_____(a) Any parent or legal guardian violating any requirement set
forth in section four of this article shall be fined $25.
_____(b) Any person eighteen years or older who, while
skateboarding, violates any requirement set forth in section four
of this article, shall be fined $25.
_____NOTE: The purpose of this article is to require the use of
helmets when skating on skateboards. The bill makes legislative
findings, defines terms and sets forth requirements for helmet use
and the sale of helmets. The bill also establishes penalties.
This article is new; therefore, it has been completely