2006 Code of Virginia § 46.2-906.1 - Local ordinances may require riders of bicycles, electric personal assistive mobility devices, moto...

46.2-906.1. Local ordinances may require riders of bicycles, electricpersonal assistive mobility devices, motorized skateboards or scooters, andelectric power-assisted bicycles to wear helmets.

The governing body of any county, city or town may, by ordinance, providethat every person 14 years of age or younger shall wear a protective helmetthat at least meets the Consumer Product Safety Commission standard wheneverriding or being carried on a bicycle, an electric personal assistive mobilitydevice, a motorized skateboard or scooter, or an electric power-assistedbicycle on any highway as defined in 46.2-100, sidewalk, or public bicyclepath.

Violation of any such ordinance shall be punishable by a fine of $25.However, such fine shall be suspended (i) for first-time violators and (ii)for violators who, subsequent to the violation but prior to imposition of thefine, purchase helmets of the type required by the ordinance.

Violation of any such ordinance shall not constitute negligence, orassumption of risk, be considered in mitigation of damages of whatevernature, be admissible in evidence, or be the subject of comment by counsel inany action for the recovery of damages arising out of the operation of anybicycle, electric personal assistive mobility device, motorized skateboard orscooter, or electric power-assisted bicycle, nor shall anything in thissection change any existing law, rule, or procedure pertaining to any civilaction.

(1993, c. 924; 1994, c. 56; 1995, cc. 42, 671; 2001, c. 834; 2002, c. 254;2004, cc. 947, 973; 2006, cc. 529, 538.)

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