6030 AMS HC S3505.3
SB 6030 - S COMM AND
By Committee on Health & Long-Term Care
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that bicycling is popular for all ages. Almost all families now have bicycles. Bicycling is increasing in our state. What used to be simply a children's activity is now a common form of transportation and recreation for children, adults, and families. Increased bicycling has many benefits: It is healthy, nonpolluting, energy-efficient, and does not cause wear to the road system. Bicycling is an enjoyable activity that people with a wide range of physical abilities can share. The nature of the activity creates conditions whereby a rider or passenger may fall or collide with the road surface or other objects and possibly sustain serious or fatal head injury. Therefore, it is beneficial for all bicyclists or passengers on bicycles within the state of Washington to wear protective helmets while riding.
In order to provide an effective means of implementing a requirement for all bicyclists and their passengers to wear helmets, the legislature recognizes that programs of helmet awareness designed to promote use of helmets by all ages, undertaken by public and private agencies with existing resources, and with notification of the requirement must precede the date of total enforcement. Therefore, section 2 of this act shall take effect as provided."
"NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:
(1) Beginning July 1, 1993, it is unlawful:
(a) For a person to operate or ride upon a bicycle not powered by motor on a state highway, county road, city street, public trail or pathway, or a public sidewalk adjacent to the foregoing unless wearing a protective helmet of a type certified to meet the requirements of standard Z-90.4 of the American National Standards Institute or such subsequent nationally recognized standard for bicycle helmet performance as the state patrol may adopt by rule. The helmet must be equipped with either a neck or chin strap that shall be fastened securely while the cycle is in motion;
(b) For a person to transport a person upon a bicycle or any other cycle not powered by motor on a state highway, county road, city street, public trail or pathway, or a public sidewalk adjacent to the foregoing unless the person transported is wearing a helmet that meets the requirements in (a) of this subsection;
(c) For the guardian of a person under the age of eighteen years to knowingly allow, and fail to take reasonable steps to prevent, that person from operating or riding upon a bicycle or any other cycle not powered by motor on a state highway, county road, city street, public trail or pathway, or a public sidewalk adjacent to the foregoing unless that person is wearing a helmet that meets the requirements in (a) of this subsection. For the purpose of this subsection, "guardian" means a parent, legal guardian, temporary guardian including a babysitter, or any other person who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of eighteen years;
(d) For a person to sell or offer for sale a bicycle helmet that does not meet the requirements established by (a) of this subsection;
(e) For a person to rent a bicycle or cycle not powered by motor for use by a person unless the person possesses a helmet that meets the requirements of (a) of this subsection, and the one renting is reasonably satisfied that the person will operate or ride upon the cycle while wearing such a helmet in the manner described in (a) of this subsection.
(2) Failure to comply with the requirements of this section does not constitute negligence. Neither failure to wear a bicycle helmet nor the permission of such failure to occur is admissible as evidence of negligence in any civil action.
(3) The state patrol shall adopt rules to implement this section."
"Sec. 3. RCW 46.61.750 and 1982 c 55 s 6 are each amended to read as follows:
(1) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 through 46.61.780 or section 2 of this act.
(2) During the period from July 1, 1993, to January 1, 1994, a person violating section 2 of this act shall be issued a written warning of the violation. After January 1, 1994, a violator may be issued a regular notice of traffic infraction.
(3) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein."
SB 6030 - S COMM AND
By Committee on Health & Long-term Care
In line 2 of the title, after "helmets;" strike the remainder of the title and insert "amending RCW 46.61.750; adding a new section to chapter 46.61 RCW; creating a new section; and prescribing penalties."