AN ACT Relating to bicycle safety; amending RCW 46.61.750 and 46.37.480; adding a new section to chapter 43.43 RCW; 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 43.43 RCW to read as follows:

Bicycling is popular for all ages. Almost all families now have bicycles. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.

A bicycle awareness program is created within the Washington state patrol. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six.

NEW SECTION. Sec. 2. 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 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 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 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 (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. 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) Failure to comply with the requirements of this section does not constitute negligence. Neither failure to wear a bicycle helmet nor the permission of such failure to occur shall be admissible as evidence of negligence in any civil action.

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

Sec. 3. Section 79, chapter 155, Laws of 1965 ex. sess. as last amended by section 6, chapter 55, Laws of 1982 and RCW 46.61.750 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 1990 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.

Sec. 4. Section 46.37.480, chapter 12, Laws of 1961 as last amended by section 6, chapter 227, Laws of 1988 and RCW 46.37.480 are each amended to read as follows:

(1) No person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle.

(2) No person shall operate any bicycle or motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio broadcast or playing a sound recording for the purpose of transmitting a sound to the human auditory senses and which headset or earphones muffle or exclude other sounds to both ears. This subsection does not apply to students and instructors participating in a Washington state motorcycle safety program.

(3) This section does not apply to authorized emergency vehicles.