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:

• West Virginia Legislature
• West Virginia DMV