Bill Text: MS SB2721 | 2013 | Regular Session | Introduced
Bill Title: Bicycle safety; require helmets when riding on public roads.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-02-05 - Died In Committee [SB2721 Detail]
Download: Mississippi-2013-SB2721-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division B
By: Senator(s) Frazier
Senate Bill 2721
AN ACT TO PROVIDE THAT ALL OPERATORS OF BICYCLES AND TRICYCLES WEAR A HELMET WHEN RIDING ON ANY PUBLIC ROADWAY OR HIGHWAY OR BIKE PATH; TO REQUIRE THAT DURING NIGHTTIME ALL BICYCLES BE EQUIPPED WITH PROPER LIGHTING; TO AMEND SECTION 63-7-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO LIGHTING REQUIREMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The purpose of this article is to reduce the incidence of disability and death resulting from brain injuries incurred in bicycling accidents by requiring that all operators and passengers wear approved protective bicycle helmets while riding on a bicycle or tricycle on public roadways, public bicycle paths, or other public rights-of-way, and by requiring that all bicycles be equipped with proper lighting reflective.
SECTION 2. The following words and phrases when used in this section shall have the meaning assigned to them:
(a) "Approved helmet" means a bicycle helmet that meets or exceeds the following minimum bicycle helmet safety standards:
(i) A bicycle or multipurpose sports helmet that was manufactured prior to 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" or "tricycle" 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 or scooter, seated on a saddle seat from which that person is intended to and can pedal the bicycle.
(d) "Passenger" means any person who travels on a bicycle in any manner except as an operator.
SECTION 3. It is unlawful for any person to use a bicycle on a public roadway, public bicycle path, other public rights-of-way under any one (1) of the following conditions:
(a) For any person to operate or be a passenger on a bicycle or tricycle unless that at all times that person wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(b) If a bicycle or tricycle is used on a public roadway, pubic bicycle path, or other public right-of-way, a person must wear a hard shell well cushioned helmet.
(c) 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.
(d) Notice shall be provided as follows: A person regularly engaged in the business of selling or renting bicycles shall post a sign stating the following: "Mississippi law requires all bicycle operators or passengers to wear a bicycle helmet when riding a bicycle."
SECTION 4. (1) Every bicycle when in use at nighttime shall be equipped with a working lamp on the front which shall emit a white light that is visible from a distance of at least five hundred (500) feet to the front and with a red light or reflector visible from at least two hundred (200) feet to the rear.
(2) Every bicycle when in use at nighttime on a state highway, parish road, or city street shall be equipped with a lamp emitting a red flashing light or a red light on the rear of the bicycle, which has sufficient candle power so that such lamp projects light from all distances within one hundred (100) feet to six hundred (600) feet when directly in front of lawful lower beams of headlamps on a motor vehicle.
(3) No person shall sell or offer for sale any bicycle unless such bicycle is equipped with at least one (1) red reflector on the rear and one reflector on each side as required by this section.
(4) After July 1, 2013, no person shall operate any bicycle at nighttime on a state highway, road or city street, unless such bicycle is equipped with at least one (1) lamp emitting a red flashing light or a red light on the rear as required by subsection (2) of this section.
(5) Any person who violates subsection (2) of this section shall be given a warning ticket only.
SECTION 5. (1) Persons eighteen (18) and older found in violation will be issued a citation and required to pay a fine of Twenty-five Dollars ($25.00).
(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. The parent shall be required to pay a fine of Twenty-five Dollars ($25.00).
SECTION 6. Section 63-7-13, Mississippi Code of 1972, is amended as follows:
63-7-13. (1) Head lamps on motor vehicles. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in Section 63-7-31.
(2) Head lamps on motorcycles. Every motorcycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations set forth in Section 63-7-31.
(3) Rear lamps. Every motor vehicle, trailer, semitrailer, pole trailer and any other vehicle which is being drawn in a train of vehicles shall be equipped with at least one (1) rear lamp mounted on the rear, which, when lighted, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear. However, any antique automobile, as defined under Section 27-19-47, and any street rod, as defined under Section 27-19-56.6, may be equipped with one or more rear lamps that have been modified to emit a blue, violet or purple light resembling rear lamps appearing on some American automobiles originally manufactured in the 1940s and 1950s.
Either a rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly readable from a distance of fifty (50) feet to the rear. Any rear lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps, cowl lamps or fender lamps are lighted.
* * *
( * * *4) Lights on other vehicles.
All vehicles not required in this chapter to be equipped with special lighted
lamps shall carry one or more lights, lamps or lanterns displaying a white
light, visible under normal atmospheric conditions from a distance of not less
than five hundred (500) feet to the front of such vehicle and shall display a
reflex reflector or red light visible under like conditions from a distance of
not less than three hundred (300) feet to the rear of such vehicle.
SECTION 7. This act shall take effect and be in force from and after July 1, 2013.
