Bill Text: OH SB77 | 2011-2012 | 129th General Assembly | Introduced

---

Bill Title: To require bicycle operators and passengers under 18 years of age to wear protective helmets when the bicycle is operated on a roadway and to establish the Bicycle Safety Fund to be used by the Department of Public Safety to assist low-income families in the purchase of bicycle helmets.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-02-16 - To Highways & Transportation [SB77 Detail]

Download: Ohio-2011-SB77-Introduced.html

---

As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 77

Senator Skindell 

Cosponsors: Senators Tavares, Turner, Smith, Brown 

---

A BILL

To enact section 4511.531 of the Revised Code to

1

require bicycle operators and passengers under 18

2

years of age to wear protective helmets when the

3

bicycle is operated on a roadway and to establish

4

the Bicycle Safety Fund to be used by the

5

Department of Public Safety to assist low-income

6

families in the purchase of bicycle helmets.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4511.531 of the Revised Code be	8
enacted to read as follows:	9

Sec. 4511.531.  (A)(1) No person under eighteen years of age	10
shall operate a bicycle on a roadway unless that person is wearing	11
an approved helmet that is of good fit and is fastened securely on	12
the person's head.	13

(2) No person under eighteen years of age shall be a	14
passenger on a bicycle on a roadway, including as a passenger in a	15
restraining seat or in a bicycle trailer, unless the person is	16
wearing an approved helmet that is of good fit and is fastened	17
securely on the person's head.	18

(B)(1) Whoever violates division (A) of this section shall be	19
fined twenty-five dollars. The parent, guardian, or other person	20
having custody of the offender is responsible for the payment of	21
any fine imposed under this division.	22

(2) Upon receipt by the court of satisfactory proof that the	23
offender has a protective helmet, the court may waive the fine for	24
the violation.	25

(3) All fines collected for a violation of division (A) of	26
this section shall be forwarded to the treasurer of state and	27
credited to the bicycle safety fund, which is hereby created in	28
the state treasury. The department of public safety shall use the	29
money credited to the fund to assist low-income families in the	30
purchase of approved bicycle helmets in accordance with guidelines	31
the director of public safety shall establish. All investment	32
earnings of the bicycle safety fund shall be credited to the fund.	33

(C) The provisions of this section or a violation of those	34
provisions shall not be used as evidence in any civil action.	35

(D) As used in this section:

36

(1) "Approved helmet" means a helmet that meets or exceeds	37
the standards for protective bicycle helmets established by the	38
American national standards institute, the American society for	39
testing and materials, or the Snell memorial foundation.	40

(2) "Low-income family" means a family with an income not	41
exceeding the federal poverty guidelines as defined in section	42
5101.46 of the Revised Code.	43

Section 2. Notwithstanding any provision of law to the	44
contrary, for the period of one year after the effective date of	45
this act, no law enforcement officer shall issue a ticket,	46
citation, or summons to a person who violates division (A) of	47
section 4511.531 of the Revised Code. During that time, the law	48
enforcement officer instead shall issue the person a written	49
warning explaining the provisions of section 4511.531 of the	50
Revised Code. The written warning may notify the person of the	51
specific date, one year after the effective date of this act, when	52
law enforcement officers shall begin enforcing the provisions of	53
section 4511.531 of the Revised Code.	54