S-3094.4          _______________________________________________

 

                                 SENATE BILL 6030

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senators West, Johnson and Bailey

 

Read first time 01/13/92.  Referred to Committee on Transportation.Requiring bicyclists to wear helmets.


     AN ACT Relating to prevention of head injuries by requiring the wearing of bicycle helmets; and adding a new section to chapter 46.61 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

     (1) It is unlawful:

     (a) For a person under the age of sixteen to operate or ride upon a bicycle or other human-powered cycle on a state highway, county road, city street, public bicycle path or trail, or public sidewalk adjacent to the foregoing unless the person is wearing a protective helmet of a type required by the state patrol.  The state patrol shall adopt  rules requiring bicycle helmets to meet the standards for bicycle helmets developed by the American National Standards Institute, the Snell Memorial Foundation, or other nationally recognized organization that has standards for bicycle helmets.  The helmet must be equipped with either a neck or chin strap which is fastened securely while the person is operating the cycle;

     (b) For a person to transport a person under the age of sixteen on a bicycle or other human-powered cycle on a state highway, county road, city street, public sidewalk adjacent to the foregoing, or public bicycle path or trail 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 sixteen to knowingly allow that person to operate or ride on a bicycle or other human-powered cycle on a state highway, county road, city street, public sidewalk adjacent to the foregoing, or public bicycle path or trail 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 other person who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of sixteen;

     (d) For a person to sell or offer for sale a bicycle helmet that does not meet the requirements established by the state patrol;

     (e) For a person to rent a bicycle or human-powered cycle if that person knows the bicycle will be used by someone under the age of sixteen who does not possess a helmet that meets the requirements of the state patrol.  The person renting the bicycle or cycle shall be reasonably satisfied that the user will operate or ride upon the cycle while wearing a helmet in the manner described in (a) of this subsection.  For the purposes of this subsection, a person who rents bicycles or cycles shall ask the age of the person who will operate or ride the cycles.

     (2) The state patrol shall adopt rules to implement this section.