GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	4 

HOUSE BILL 910
Second Edition Engrossed 5/11/95
Senate Judiciary I/Constitution Committee Substitute Adopted 6/5/96
Fourth Edition Engrossed 6/18/96

Short Title:  Child Bicycle Safety Act.	(Public)

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Sponsors:

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Referred to:  

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE USE OF CERTAIN SAFETY EQUIPMENT BY CHILDREN WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 20 of the General Statutes is amended by adding a new Part 10B to Article 3 to read:
"Part 10B.  Child Bicycle Safety Act.
"§ 20-171.6.  Short title.
This Part shall be known and may be cited as the 'Child Bicycle Safety Act'.
"§ 20-171.7.  Definitions.
As used in this Part, the following terms have the following meanings:
(1)	'Bicycle' means a human-powered vehicle with two wheels in tandem designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame.  Such term also includes a human-powered vehicle designed to transport, by the action of pedaling, which has more than two wheels where the vehicle is used on a public roadway, public bicycle path, or other public right-of-way, but does not include a tricycle.
(2)	'Operator' means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
(3)	'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 and/or pedestrian traffic.
(4)	'Passenger' means a person who travels on a bicycle in any manner except as an operator.
(5)	'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.
(6)	'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.
(7)	'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.
(8)	'Restraining seat' means a seat separate from the saddle seat of the operator of the bicycle that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in such seat and protect such passenger from the moving parts of the bicycle.
(9)	'Tricycle' means a three-wheeled human-powered vehicle designed for use as a toy by a single child under the age of six years, the seat of which is no more than two feet from ground level.
"§ 20-171.8.  Requirements for helmet and restraining seat use.
With regard to any bicycle used on a public roadway, public bicycle path, or other public right-of-way:
(a)	Any person under the age 16 shall be encouraged not to operate or be a passenger on a bicycle 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.
Sec. 2.  This act becomes effective upon ratification.