H-4167              _______________________________________________

                                                   HOUSE BILL NO. 2968

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Brumsickle, Bowman, Wolfe, Moyer, Ferguson, Youngsman and Dellwo

Read first time 1/29/90 and referred to Committee on Transportation.

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

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 for:

          (a) Individuals of all ages, operating or riding a bicycle or any other cycle not powered by motor on a state highway, county road, city street, or any public sidewalk adjacent to the foregoing unless wearing a protective helmet of a type conforming to rules adopted by the state patrol.  It is mandatory that the helmet be equipped with either a neck or chin strap which shall be fastened securely while the cycle is in motion;

          (b) Any individual to transport another individual  upon a bicycle or any other cycle not powered by motor on a state highway, county road, city street, or any public sidewalk adjacent to the foregoing unless the person transported is wearing a helmet which meets the requirements in (a) of this subsection;

          (c) For the guardian of any person under the age of eighteen years to knowingly allow that individual not to wear a helmet that meets the requirements in subsection (a) of this section, when operating or riding upon a bicycle or any other cycle not powered by motor on a state highway, county road, city street, or any public sidewalk adjacent to the foregoing.  For the purpose of this subsection, "guardian" shall mean any 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 any person under the age of eighteen years;

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

          (e) For any individual to rent a bicycle or cycle not powered by motor for use by a person known by the one renting to be under the age of sixteen years unless the person is in possession of a helmet which meets the requirements of the state patrol, 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.  For purposes of this subsection, it shall be the affirmative duty of individuals renting bicycles or any other cycle not driven by motor to inquire concerning the age of persons who will operate or ride upon such cycles.

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

NEW SECTION. Sec. 2.     This act shall take effect July 1, 1990.