SB1352: Protective helmets; ordinance to require every person wear when riding or being carried on bicycle.


Offered January 18, 2013
A BILL to amend the Code of Virginia by adding a section numbered 15.2-1806.1, relating to helmet ordinances.
Patrons-- Vogel and Barker

Referred to Committee on Local Government

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-1806.1 as follows:

§ 15.2-1806.1. Local ordinances may require riders of bicycles, skateboards, and roller skates to wear helmets at skate parks.

The governing body of any locality may by ordinance provide that every person shall wear a commercially manufactured protective helmet that at least meets the Consumer Product Safety Commission standard whenever riding or being carried on a bicycle, a skateboard, or roller skates on any publicly owned skate park facility.

Violation of any such ordinance 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 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, skateboard, or roller skates, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action.