BP BHEAD INT H [atlas:bill]

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; adding a new section to chapter 43.70 RCW; adding a new section to chapter 5.40 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 finds and declares that:

(1) Disability and death resulting from injuries sustained in bicycling accidents are a serious threat to the public health, welfare, and safety of the people of Washington, and the prevention of such disability and death is a goal of such people;

(2) Brain injuries are the leading cause of disability and death from bicycling accidents;

(3) The risk of brain injury from bicycling accidents is significantly reduced for bicyclists who wear proper protective helmets; and

(4) The purpose of this act is to reduce the incidence of disability and death resulting from injuries incurred in bicycling accidents by requiring that while riding on a bicycle on the public roads, public bicycle paths, and other public rights-of-way in this state, all bicycle operators and passengers under the age of sixteen years wear approved protective helmets.

NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:

(1) Beginning January 1, 1998, it is a traffic infraction:

(a) For a person under the age of sixteen years 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 must be fastened securely while the bicycle is in motion;

(b) For a person to transport a person under the age of sixteen years 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 religious reason or 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 under the age of sixteen years 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 offer a bicycle for rent or for a person to rent a bicycle for use by a person under the age of sixteen years unless the person riding the bicycle possesses a helmet that meets the requirements of (a) of this subsection.

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

(3) Effective January 1, 1998, this section preempts and supersedes any county, city, town, or other local ordinances or statutes requiring the wearing of bicycle helmets by persons under sixteen years of age.

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, 1998, to January 1, 1999, 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, 1999, 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 may 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, bicyclists' responsibilities and rights, recommended bicycle riding procedures in common traffic situations, and recommended driving procedures for motor vehicle drivers when encountering bicyclists, especially children on bicycles, 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, bicyclists' responsibilities and rights, recommended bicycle riding procedures in common traffic situations, and recommended driving procedures for motor vehicle drivers when encountering bicyclists, especially children on bicycles, 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, bicyclists' responsibilities and rights, recommended bicycle riding procedures in common traffic situations, and recommended driving procedures for motor vehicle drivers when encountering bicyclists, especially children on bicycles.

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, bicycles, and roads, streets, and highways under varying conditions and circumstances.

NEW SECTION. Sec. 9. A new section is added to chapter 43.70 RCW to read as follows:

The department shall make available to families and persons in Washington state information about sources of free or low-cost protective bicycle helmets.

NEW SECTION. Sec. 10. A new section is added to chapter 5.40 RCW to read as follows:

Failure to wear a bicycle helmet does not constitute fault, nor may such failure be admissible as evidence of the fault of any entity in any civil action.