S-4082               _______________________________________________

                                                   SENATE BILL NO. 6398

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Hayner, Bailey and Johnson

Read first time 1/12/90 and referred to Committee on  Health & Long Term Care.

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 any person under the age of sixteen years to operate or ride 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 wearing a protective helmet of a type conforming to rules adopted by the state patrol.  The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the cycle is in motion;

          (b) For any person to transport a person under the age of sixteen years 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 sixteen years to knowingly allow that person to operate or ride 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 that person is wearing a helmet which meets the requirements in (a) of this subsection.  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 sixteen 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 person 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 persons 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.