SB633: Bicycles; makes hitherto local-option bicycle helmet law applicable statewide.
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-906.1 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-906.1. Riders of bicycles, electric personal assistive mobility devices, toy vehicles, and electric power-assisted bicycles to wear helmets.
The governing body of
any county, city or town may, by ordinance, provide that every Every person 14 years of age or
younger shall wear a protective helmet that at least meets the Consumer Product
Safety Commission ASTM
International standard whenever
riding or being carried on a bicycle, an electric personal assistive mobility
device, a toy vehicle, or an electric power-assisted bicycle on any highway as
defined in § 46.2-100, sidewalk, or public bicycle path.
Violation of any
such ordinance this
section shall be punishable by
a fine of $25. However, such fine shall be suspended (i) for first-time
violators and (ii) for violators who, subsequent to the violation but prior to
imposition of the fine, purchase helmets of the type required by the ordinance.
Violation of any
such ordinance this
section shall not constitute
negligence, or assumption of risk, be considered in mitigation of damages of
whatever nature, be admissible in evidence, or be the subject of comment by
counsel in any action for the recovery of damages arising out of the operation
of any bicycle, electric personal assistive mobility device, toy vehicle, or
electric power-assisted bicycle, nor shall anything in this section change any
existing law, rule, or procedure pertaining to any civil action.