(a) It is unlawful for any person under fifteen years of age to operate or be a passenger on a bicycle or any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

Terms Used In West Virginia Code 17C-11A-4

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bicycle: means a human-powered vehicle with wheels designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame. See West Virginia Code 17C-11A-3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Other public right-of-way: means any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of this state or a local political subdivision thereof and is designed for use and used by vehicular or pedestrian traffic. See West Virginia Code 17C-11A-3
  • Passenger: means any person who travels on a bicycle in any manner except as an operator. See West Virginia Code 17C-11A-3
  • Protective bicycle helmet: means a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by the American national standards institute (ANSI) or the snell memorial foundation'. See West Virginia Code 17C-11A-3
  • Public bicycle path: means a right-of-way under the jurisdiction and control of this state or a local political subdivision thereof for use primarily by bicycles and pedestrians. See West Virginia Code 17C-11A-3
  • Public roadway: means a right-of-way under the jurisdiction and control of this state or a local political subdivision thereof for use primarily by motor vehicles. See West Virginia Code 17C-11A-3

(b) It is unlawful for any parent or legal guardian of a person under fifteen years of age to knowingly permit such person to operate or be a passenger on a bicycle or on any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.