(A) Definitions. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BICYCLE. 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.
OPERATOR. A person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
OTHER PUBLIC RIGHT-OF-WAY. Any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of the state or the municipality and is designed for use and used by vehicular or pedestrian traffic.
PASSENGER. Any person who travels on a bicycle in any manner, except as an operator.
PROTECTIVE BICYCLE HELMET. 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.
PUBLIC BICYCLE PATH. A right-of-way under the jurisdiction and control of the state or the municipality for use primarily by bicycles and pedestrians.
PUBLIC ROADWAY. A right-of-way under the jurisdiction and control of the state or the municipality for use primarily by motor vehicles.
TRICYCLE. 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.
(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.
(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 division (A) above, which shall constitute the manufacturer’s certification that the helmet conforms to the applicable safety standards.
(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.
(Prior Code, § 373.09) Penalty, see § 77.99
Statutory reference:
Related provisions, see W.Va. Code §§ 17C-11A-3, 17C-11A-4, 17C-11A-5, 17C-11A-6