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2005 SESSION

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059142800
SENATE BILL NO. 1039 Offered January 12, 2005 Prefiled January 12, 2005 A BILL to amend and reenact § 46.2-915.2 of the Code of Virginia, relating to the regulation of mopeds; penalty. ---------- Patron-- Quayle ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 46.2-915.2 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-915.2. Ordinances providing for certain safety equipment for mopeds; effect of violation; penalty.

The governing body of any county, city, or town may, by ordinance, provide that eEvery person operating a moped, as defined in § 46.2-100, on a public street or highway shall possess a valid driver's license and wear a face shield, safety glasses, or goggles of a type approved by the Superintendent or have his moped equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets of a type approved by the Superintendent. A violation of any such ordinance this section shall not constitute negligence, 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, ownership, or maintenance of a moped or motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action. Any person who knowingly violates any such ordinance this section shall be guilty of a traffic infraction and be subject to a fine of not more than fifty dollars $50.