(A) Every person riding a bicycle upon a public way shall be granted all rights and shall be subject to all the duties applicable to the driver of a vehicle by the laws of the state and applicable to ordinances of the city, except as to special regulations in this subchapter and except as to those provisions of laws and ordinances which, by their nature, can have no application.
(B) Pursuant to G.S. § 20-171.9 with regard to any bicycle used on a public roadway, public bicycle path, or other public right-of-way:
(1) It shall be unlawful for any parent or legal guardian of a person below the age of 16 to knowingly permit that person to operate or be a passenger on a bicycle unless at all times when the person is so engaged that he or she wears a protective bicycle helmet that meets or exceeds impact standards set by the American National Standards Institute (ANSI) of good fit fastened securely upon the head with the straps of the helmet.
(2) It shall be unlawful for any parent or legal guardian of a person below the age of 16 to knowingly permit that person to be a passenger on a bicycle unless all of the following conditions are met:
(a) The person is able to maintain an erect, seated position on the bicycle;
(b) Except as provided in subdivision (c) of this section, the person is properly seated alone on a saddle seat (as on a tandem bicycle);
(c) With respect to any person who weighs less than 40 pounds, or is less than 40 inches in height, the person can be and is properly seated in and adequately secured to a restraining seat.
(2005 Code, § 46-154)
Statutory reference:
Similar provisions, see G.S. § 20-171