HB6114 96TH GENERAL ASSEMBLY

LRB096 17880 AJT 33248 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6114

Introduced 2/11/2010, by Rep. Julie Hamos

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-148.3f new
625 ILCS 5/11-1517 new

Amends the Illinois Vehicle Code. Provides that the amendatory Act may be referred to as the Child Bicycle Helmet Safety Law. Provides that it is unlawful for any person under the age of 18 to operate or be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way 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. Provides that it is unlawful for any person to be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way unless (i) the person is able to maintain an erect, seated position on the bicycle and is at least one year of age, (ii) the person is properly seated alone on a saddle seat, or (iii) with respect to any person who weighs fewer than 40 pounds, or is less than 40 inches in height, the person can be and is properly seated in and adequately secured to a bicycle safety seat. Provides that it is a civil offense for any parent or legal guardian of a person below the age of 18 to permit the person to operate or be a passenger on a bicycle in an unlawful manner. Provides that it is unlawful to rent or lease any bicycle to or for the use of any person under the age of 18 on a highway, multipurpose public path, or other public right-of-way unless certain conditions are met. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation, which may be referred to as the Child Bicycle Helmet Safety Law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Legislative findings.

(a) The General Assembly finds the following:

(1) Disability and death of children resulting from injuries sustained in bicycling crashes are a serious threat to the public health, welfare, and safety of the people of this State, and the prevention of such disability and death is a goal of the people.

(2) Head injuries are the leading cause of disability and death from bicycling crashes.

(3) The risk of head injury from bicycling crashes is significantly reduced for bicyclists who wear proper protective bicycle helmets, but helmets are not worn by most child bicyclists nationwide.

(4) The risk of head injury or of any other injury to a small child who is a passenger on a bicycle operated by another person would be significantly reduced if any child-passenger sat in a separate seat, such as a saddle seat on a tandem bicycle or a bicycle safety seat designed for a bicycle.

(b) The purpose of this Act is to reduce the incidence of disability and death resulting from injuries incurred in bicycling crashes by requiring:

(1) that while riding on a bicycle on the highways, multipurpose public paths, and other public rights-of-way of this State, all bicycle operators and passengers under the age of 18 years wear protective bicycle helmets approved by the U.S. Consumer Product Safety Commission;

(2) that all bicycle passengers who weigh less than 40 lbs or are less than 40 inches in height be seated in separate child passenger seats; and

(3) that no person who is unable to maintain an erect, seated position or is less than one year of age shall be a passenger on a bicycle safety seat and all other bicycle passengers shall be seated on saddle seats.

Section 5. The Illinois Vehicle Code is amended by adding Sections 1-148.3f and 11-1517 as follows:

(625 ILCS 5/1-148.3f new)

Sec. 1-148.3f. Multipurpose public path. A right-of-way under the jurisdiction and control of this State or local authorities for use primarily by bicycles or pedestrians or both.

(625 ILCS 5/11-1517 new)

Sec. 11-1517. Bicycle helmets and safety seats.

(a) As used in this Section:

"Bicycle safety seat" means a seat, separate from that of the operator of the bicycle, that is fastened securely to the frame of the bicycle and is adequately equipped to protect the passenger from the moving parts of the bicycle.

"Other public right-of-way" means any right-of-way other than a highway or multipurpose public path that is under the jurisdiction and control of this State or local authorities and is designed for use and used by vehicular or pedestrian traffic or both.

"Passenger" means any person who travels on a bicycle in any manner except as an operator.

"Protective bicycle helmet" means a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by:

(1) the U.S. Consumer Product Safety Commission for headgear purchased on or after March 10, 1999; or

(2) the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), or the Snell Memorial Foundation for headgear purchased before March 10, 1999.

(b) It shall be unlawful for any person under the age of 18 to operate or be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way 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.

(c) It shall be unlawful for any person to be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way unless all of the following conditions are met:

(1) The person is able to maintain an erect, seated position on the bicycle and is at least one year of age;

(2) Except as provided in paragraph (3) of this subsection, the person is properly seated alone on a saddle seat; and

(3) With respect to any person who weighs fewer than 40 pounds, or is less than 40 inches in height, the person can be and is properly seated in and adequately secured to a bicycle safety seat.

(d) It shall be unlawful for any parent or legal guardian of a person below the age of 18 to permit the person to operate or be a passenger on a bicycle in violation of subsections (b) or (c) of this Section. A person violating this subsection shall be guilty of a civil offense and pay a civil penalty not exceeding $30 including court costs. In the case of a first offense in a 12 month period, the court may waive the civil penalty upon receipt of satisfactory proof that the person in violation of this subsection has since the date of the violation purchased or otherwise obtained an appropriate protective bicycle helmet or bicycle safety seat.

(e) It shall be unlawful to rent or lease any bicycle to or for the use of any person under the age of 18 on a highway, multipurpose public path, or other public right-of-way unless:

(1) the person is in possession of a protective bicycle helmet of good fit at the time of such rental or lease; or

(2) the rental or lease includes a protective bicycle helmet of good fit, and the person intends to wear the helmet, as required by subsection (b) of this Section, at all times while operating or being a passenger on the bicycle.

Section 99. Effective date. This Act takes effect upon becoming law.