2006 Code of Virginia § 46.2-910 - Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty

46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited;penalty.

A. Every person operating a motorcycle shall wear a face shield, safetyglasses or goggles, or have his motorcycle equipped with safety glass or awindshield at all times while operating the vehicle, and operators and anypassengers thereon shall wear protective helmets. Operators and passengersriding on motorcycles with wheels of eight inches or less in diameter or inthree-wheeled motorcycles which have nonremovable roofs, windshields andenclosed bodies shall not be required to wear protective helmets. Thewindshields, face shields, glasses or goggles, and protective helmetsrequired by this section shall meet or exceed the standards andspecifications of the Snell Memorial Foundation, the American NationalStandards Institute, Inc., or the federal Department of Transportation.Failure to wear a face shield, safety glasses or goggles, or protectivehelmets shall not constitute negligence per se in any civil proceeding. Theprovisions of this section requiring the wearing of protective helmets shallnot apply to operators of or passengers on motorcycles being operated (i) aspart of an organized parade authorized by the Department of Transportation orthe locality in which the parade is being conducted and escorted,accompanied, or participated in by law-enforcement officers of thejurisdiction wherein the parade is held and (ii) at speeds of no more thanfifteen miles per hour.

No motorcycle operator shall use any face shield, safety glasses or goggles,or have his motorcycle equipped with safety glass or a windshield unless of atype either (i) approved by the Superintendent prior to July 1, 1996, or (ii)that meets or exceeds the standards and specifications of the Snell MemorialFoundation, the American National Standards Institute, Inc., or the federalDepartment of Transportation and is marked in accordance with such standards.

B. It shall be unlawful to sell or offer for sale, for highway use inVirginia, any protective helmet that fails to meet or exceed any standard asprovided in the foregoing provisions of this section. Any violation of thissubsection shall constitute a Class 4 misdemeanor.

(Code 1950, 46-183.1, 46-183.2; 1954, c. 204; 1958, c. 541, 46.1-172;1968, c. 498; 1970, cc. 29, 99; 1982, cc. 390, 681; 1989, cc. 6, 727; 1996,c. 690; 1998, c. 789.)

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