HOUSE BILL 974

(Approved by the Governor May 25, 1995)
By: Delegates Conroy, Perry, Harrison, Hubbard, Love, and Pitkin
Introduced and read first time: February 10, 1995
Assigned to: Commerce and Government Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 16, 1995
An ACT concerning Vehicle Laws - Bicycle Helmets Required

FOR the purpose of prohibiting a person under a certain age from operating or riding on a bicycle unless the person is wearing a bicycle helmet that conforms with certain standards; providing for the application of this Act; providing for the enforcement of this Act; providing for an exception to this Act; and generally relating to the mandatory use of bicycle helmets.

BY adding to

Article - Transportation
Section 21-1207.1
Annotated Code of Maryland
(1992 Replacement Volume and 1994 Supplement)

BY repealing and reenacting, with amendments

Article - Transportation
Section 27-102
Annotated Code of Maryland
(1992 Replacement Volume and 1994 Supplement)

HOUSE BILL 974

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation
21-1207.1.

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.

[Brackets] indicate matter deleted from existing law.

Underlining indicates amendments to bill.

~~Strike out~~ indicates matter stricken from the bill by amendments or deleted from the law by amendment.

(A) (1) THE PROVISIONS OF THIS SECTION APPLY:

(I) AT ALL TIMES WHILE A BICYCLE IS BEING OPERATED ON ANY HIGHWAY, BICYCLE WAY, OR OTHER PROPERTY OPEN TO THE PUBLIC OR USED BY THE PUBLIC FOR PEDESTRIAN OR VEHICULAR TRAFFIC; AND

(II) TO A PERSON UNDER THE AGE OF 16 WHO IS RIDING ON A BICYCLE, INCLUDING A PERSON UNDER THE AGE OF 16 WHO IS A PASSENGER ON A BICYCLE:

IN A RESTRAINING SEAT ATTACHED TO THE BICYCLE;
OR

IN A TRAILER BEING TOWED BY THE BICYCLE.

(2) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO PASSENGERS IN COMMERCIAL RICKSHAWS.

(B) THIS SECTION DOES NOT APPLY IN THE TOWN OF OCEAN CITY, MARYLAND, ON THE BOARDWALK BETWEEN THE OCEAN CITY INLET AND 27TH STREET, DURING THE HOURS IN WHICH BICYCLES ARE PERMITTED BY LOCAL ORDINANCE TO BE OPERATED ON THE BOARDWALK.

(C) A PERSON TO WHOM THIS SECTION APPLIES MAY NOT OPERATE OR RIDE AS A PASSENGER ON A BICYCLE UNLESS THE PERSON IS WEARING A HELMET THAT MEETS OR EXCEEDS THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE, THE SNELL MEMORIAL FOUNDATION'S STANDARD, OR THE STANDARDS OF THE AMERICAN SOCIETY OF TESTING AND MEASUREMENTS FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING.

(D) THIS SECTION SHALL BE ENFORCED BY THE ISSUANCE OF A WARNING THAT INFORMS THE OFFENDER OF THE REQUIREMENTS OF THIS SECTION AND PROVIDES EDUCATIONAL MATERIALS ABOUT BICYCLE HELMET USE.

27-102.

[Any] EXCEPT AS PROVIDED IN § 21-1207.1 OF THIS ARTICLE, ANY person who violates a restriction on any license under the Maryland Vehicle Law or who violates any rule or regulation adopted under any provision of the Maryland Vehicle Law is guilty of a misdemeanor and, in addition to any administrative penalty provided for in the Maryland Vehicle Law, is subject to the penalties provided for in § 27-101(b) of this subtitle or, if greater, to the same penalties as are provided for a violation of the statute for or under which the restriction is imposed or the rule or regulation adopted.

SECTION 2. AND BE IT FURTHER ENACTED. That this Act shall take effect
October 1, 1995.