(A) Generally. Any driver, drivers, operators or controllers of a motorcycle, motor bike or any two wheeled motor driven vehicle is hereby prohibited from banding together with other driver, drivers, operators or controllers of motorcycles, motor bikes or any two wheeled motor driven vehicles for the purpose of forming a “pack”, (not more than two abreast and with at least 25 feet between following motorcycles) and operating such vehicles upon the streets and alleys of the town whereby the pack or number of such two wheeled motor driven vehicles shall cause an excessive amount of noise or create a menace or hazard to the safe flow of traffic within the town, and if pack or grouping of the vehicles shall occur, they shall be deemed to be in violation of this section.
(B) Requirements for helmet use.
(1) It is unlawful for any person under 15 years of age to operate or be a passenger on a bicycle or any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(2) It is unlawful for any parent or legal guardian of a person under 15 years of age to knowingly permit such person to operate or be a passenger on a bicycle or on any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(W. Va. Code § 17C-11A-4)
(C) Sale of bicycle helmets. Any helmet sold or offered for sale for use by operators and passengers of bicycles shall be conspicuously labeled in accordance with the standard described in described in the definition for protective bicycle helmet in § 75.31 above, which shall constitute the manufacturer’s certification that the helmet conforms to the applicable safety standards.
(W. Va. Code § 17C-11A-5)
(D) Civil actions. A violation of division (B) above is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages, and shall not be admissible in mitigation of damages.
(W. Va. Code § 17C-11A-6)
(Res. passed 6-3-2019) Penalty, see § 75.99