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2000 SESSION

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004776744
HOUSE BILL NO. 654 Offered January 20, 2000 A BILL to amend and reenact § 46.2-906.1 of the Code of Virginia, relating to local ordinances requiring that certain bicyclists wear helmets; penalty. ---------- Patrons-- Grayson; Senator: Norment ---------- Referred to Committee on Transportation ----------

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. Local ordinances may require bicyclists to wear helmets; penalty.

The governing body of any county, city or town may, by ordinance, provide that every person fourteen years of age or younger shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the Snell Memorial Foundation whenever riding or being carried on a bicycle on any highway as defined in § 46.2-100, sidewalk, or public bicycle path.

Violation of any such ordinance shall be punishable by a fine of twenty-five dollars. Any fine imposed shall be imposed against a parent, guardian, or person standing in loco parentis to the violator. However, such fine shall be suspended (i) for first-time violators and (ii) for violatorsa violator who, subsequent to the violation but prior to imposition of the fine, purchase helmets proves to the satisfaction of the court that the person has a protective helmet 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, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action.