(a) Definitions. As used in this section:
(1) “Bicycle” means a human-powered vehicle with wheels designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame. Such term also includes a human-powered vehicle, and any attachment to such vehicle designed to transport by pedaling when the vehicle is used on a public roadway, public bicycle path or other public right-of-way, but does not include a tricycle.
(2) “Tricycle” means a three-wheeled human-powered vehicle designed for use as a toy by a single child under the age of six years, the seat of which is no more than two feet from ground level.
(3) “Public roadway” means a right-of-way under the jurisdiction and control of this state or the municipality for use primarily by motor vehicles.
(4) “Public bicycle path” means a right-of-way under the jurisdiction and control of this state or the municipality for use primarily by bicycles and pedestrians.
(5) “Other public right-of-way” means any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of this state or the municipality and is designed for use and used by vehicular or pedestrian traffic.
(6) “Protective bicycle helmet” means a piece of headgear which meets or exceeds the impact standards for protective bicycle 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 bicycling.
(7) “Passenger” means any person who travels on a bicycle in any manner except as an operator.
(8) “Operator” means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
(W.Va. Code § 17-11A-3)
(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 subsection (a)(6) 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 subsection (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)
(e) Penalties.
(1) Any parent or legal guardian violating any requirements set forth in this article shall be fined $10 or be required to perform two hours in community service related to a child injury prevention program which includes injury prevention education or both fined and required to perform such community service. No court costs may be assessed to any person violating this requirement.
(2) In case of a first violation, the court may waive the fine upon receipt of satisfactory proof that the person has a helmet or within a reasonable time from the date of violation, purchased or otherwise obtained, a protective bicycle helmet.
(3) It is absolute defense to a charge for a violation of this article that a parent or legal guardian is unable to pay for the protective bicycle helmet. Inability to pay may be demonstrated by the filing of a financial affidavit. Any person who demonstrates inability to pay shall be referred to the Governor’s Highway Safety Program for assistance in obtaining the appropriate helmet or helmets.
(Ord. 96-05, passed 7-30-1996)