BP BHEAD INT S

AN ACT Relating to bicycle safety; amending RCW 46.61.750, 28A.220.050, 46.20.095, 46.82.430, and 46.83.040; adding a new section to chapter 46.61 RCW; adding a new section to chapter 46.04 RCW; creating a new section; and prescribing penalties.

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

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. Helmets are a proven and effective way to prevent or reduce head injuries. 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 undertaken by public and private agencies with existing resources, designed to promote use of helmets by all ages, 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 January 1, 1996, it is a traffic infraction:

(a) For a person to operate or ride upon a bicycle 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, in a restraining seat that is attached to, or in a trailer towed by a bicycle 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. A person with a bona fide health or physical condition that prevents the person from wearing a bicycle helmet is exempt from this requirement;

(c) For the guardian of a person to knowingly allow, and fail to take reasonable steps to prevent, that person from operating or riding upon a bicycle 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, or any other adult person who maintains responsibility for the safety and welfare of a person;

(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 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) This section does not apply to a person being transported in a pedicab.

(3) Evidence of failure to wear a bicycle helmet may be admitted in the discretion of the court with respect to a plaintiff's duty to mitigate damages, but not with respect to contributory fault.

(4) Effective January 1, 1996, this section preempts and supersedes any county, city, town, or other local ordinances or statutes requiring the wearing of bicycle helmets.

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) ((~~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.~~)) No traffic infraction committed under section 2 of this act may be reported on a person's driving record maintained by the department of licensing.

(3) In order to educate the public concerning the provisions of section 2 of this act, during the period from January 1, 1996, to January 1, 1997, a person violating section 2 of this act will not be subject to a traffic infraction, though a written warning of the violation may be issued. After January 1, 1997, a violator may be issued a regular notice of traffic infraction. If this is the first time a person has been issued a notice of traffic infraction for a violation of section 2 of this act and he or she provides evidence to the court in writing that he or she has obtained a bicycle helmet in order to comply with section 2 of this act, the court shall dismiss the notice of traffic infraction without costs.

(4) In lieu of a traffic infraction for a person under the age of twelve, a law enforcement officer shall provide to the violator and to the violator's parent or guardian written information about the importance of wearing helmets, where helmets may be purchased or obtained at little or no cost, and the contents of the law relating to bicycle helmets.

NEW SECTION. Sec. 4. A new section is added to chapter 46.04 RCW to read as follows:

"Pedicab" means a bicycle with three or more wheels that carries passengers for hire.

Sec. 5. RCW 28A.220.050 and 1986 c 93 s 4 are each amended to read as follows:

The superintendent of public instruction shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' rights and responsibilities in instructional material used in traffic safety education courses.

Sec. 6. RCW 46.20.095 and 1986 c 93 s 3 are each amended to read as follows:

The department shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' rights and responsibilities in its instructional publications for drivers.

Sec. 7. RCW 46.82.430 and 1986 c 93 s 5 are each amended to read as follows:

Instructional material used in driver training schools shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' rights and responsibilities.

Sec. 8. RCW 46.83.040 and 1961 c 12 s 46.83.040 are each amended to read as follows:

It shall be the purpose of every traffic school which may be established hereunder to instruct, educate, and inform all persons appearing for training in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances.