Bill Text: MS HB1238 | 2014 | Regular Session | Introduced
Bill Title: Helmet; require persons under 18 years of age to wear when riding bicycle on public roadway or bike path.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB1238 Detail]
Download: Mississippi-2014-HB1238-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Transportation
By: Representative Williams-Barnes
House Bill 1238
AN ACT TO PROVIDE THAT ALL OPERATORS OF BICYCLES, TRICYCLES AND SKATEBOARDS WEAR A HELMET WHEN RIDING ON ANY PUBLIC ROAD, HIGHWAY OR BIKE PATH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The following words and phrases when used in this section shall have the meanings assigned to them:
(a) "Approved helmet" means a helmet that meets or exceeds the following minimum helmet safety standards:
(i) A bicycle or multipurpose sports helmet that was manufactured before March 1999 shall meet or exceed the minimum bicycle helmet safety standards set by the American National Standards Institute or the Snell Memorial Foundation.
(ii) A bicycle or multipurpose sports helmet that was manufactured after March 1999 shall meet or exceed the minimum bicycle helmet safety standards set by the Consumer Product Safety Commission.
(b) "Bicycle" means a human-powered vehicle with two (2) tandem wheels designed to transport, by pedaling, one or more persons.
(c) "Operator" means a person who travels on a bicycle, tricycle or scooter, seated on a saddle seat from which that person is intended to and can pedal the bicycle, tricycle or scooter, or who powers a skateboard.
(d) "Passenger" means any person who travels on a bicycle, tricycle or skateboard in any manner except as an operator.
(e) "Skateboard" means a short board mounted on small wheels that is used for coasting or to perform athletic stunts.
(f) "Tricycle" means a human-powered vehicle with three (3) wheels designed to transport, by pedaling, one or more persons.
SECTION 2. (1) (a) It is unlawful for any person under the age of eighteen (18) to operate or be a passenger on a bicycle, tricycle or skateboard on a public road, public bicycle path, or other public right-of-way unless at all times that person wears an approved helmet of good fit, fastened securely upon the head with the straps of the helmet.
(b) No parent, guardian or person with legal responsibility for the safety and welfare of a child shall knowingly allow a child under the age of eighteen (18) to operate or ride as a passenger on a bicycle or tricycle without wearing an approved helmet of good fit fastened securely upon the head with the straps of the helmet.
(2) If a child under the age of eighteen (18) is found in violation, a citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation rather than to the child for violation, upon conviction, the person shall be fined Twenty-five Dollars ($25.00).
(3) (a) A person regularly engaged in the business of selling or renting bicycles, tricycles or skateboards shall post a sign to provide notice of this section, which shall be in substantially the following form: "Mississippi law requires all bicycle, tricycle and skateboard operators or passengers to wear an approved helmet when riding a bicycle, tricycle or skateboard."
(b) A person who fails to provide notice as provided in this subsection shall be issued a citation and, upon conviction, the person shall be fined Twenty-five Dollars ($25.00).
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
