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Helmet
Laws in West Virginia
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MANDATORY
MOTORCYCLE HELMET LAW IN
WEST VIRGINIA |
STATUTE:
Chapter
17C. Traffic Regulations and
Laws of the Road. Article
15. Equipment. Section
17C-15-44. Safety equipment
and requirements for
motorcyclists, motorcycles,
motor-driven cycles and
mopeds; motorcycle safety
standards and specifications
board. :
"(a)
No person shall operate or
be a passenger on any
motorcycle or motor-driven
cycle unless he is wearing
securely fastened on his
head by either a neck or
chin strap a protective
helmet designed to deflect
blows, resist penetration
and spread impact forces.
. . ."
STANDARDS:
Chapter
17C. Traffic Regulations and
Laws of the Road. Article
15. Equipment. Section
17C-15-44. Safety equipment
and requirements for
motorcyclists, motorcycles,
motor-driven cycles and
mopeds; motorcycle safety
standards and specifications
board. :
"(a)
. . . Any helmet worn by
an operator or passenger
shall meet the current
performance specifications
established by the
American National
Standards Institute
Standard, Z 90.1, the
United States Department
of Transportation Federal
Motor Vehicle Safety
Standard No. 218 or Snell
Safety Standards for
Protective Headgear for
Vehicle Users. . . ."
COURT
DECISIONS:
We
have been unable to uncover
any court decision from a
court of record, either from
the West Virginia Appellate
or Supreme Courts, which
indicates that the question
of whether or not West
Virginia's helmet law is
constitutional has not been
addressed in the courts.
CURRENT
ACTIVITY:
SB
61 - relates
to motorcycle operators and
passengers; requires that
motorcycle operators and
passengers under twenty-one
years of age wear helmets
while riding; and requires
that any operator licensed
less than two years wear a
helmet while riding.
RECENT
ACTIVITY:
1/24/02
- HB 2156
- Modification bill granting
riders and passengers over
18 and with medical coverage
freedom of choice has
passed, with amendment, and
is now before the House
Judiciary Committee.
2/23/99
- SB237
was defeated by a close 18
to 16 vote in the State
Senate.
2/2/99
- SB237
will be read Feb. 3rd on the
Senate floor. The Senate
Trans Committee hearing is
Feb 8th at 3 PM. A local
phone survey held 1/29/99 by
Channel 8 (Charleston)
returned 87% in favor and
13% against the bill.
1/31/99
- ABATE of WV announces
helmet mod bill SB 237 for
21 and older to ride helmet
less. The bill is sponsored
by Senator John Mitchell
(D-Kanawha) who is a
motorcyclist with 11
co-sponsors
The bill SB237 will be read
for the first time on
Wednesday February 3, 1999
on the Senate floor. You may
obtain additional
information from the web
site at www.legis.state.wv.us/
You will find their phone
numbers and e-mail address
here also. The Senate Fax #
is 1-304-357-7829
On January 18th,
motorcyclists from the state
of WV welcomed the
legislators during the
opening of the 74th
legislative session. Abate
handed out their agenda,
tourism survey and a desk
trivet engraved with the
ABATE logo, the date and a
welcome to the opening
session. Since that time the
halls of the Capital have
been alive with
motorcyclists from across
the state. Everyone is
involved.
Included in the agenda is
also an equal access bill,
injurious materials on the
highway, covered load,
tourism, trike license,
awareness and vehicular
homicide. ABATE has found a
sponsor in Delegate Manual
(D-Jefferson) for the
injurious materials/covered
load and equal access on the
House side.
STATE
WEBSITES:
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