PRINTER'S NO. 858
No. 809 Session of 1995
INTRODUCED BY WENGER, PORTERFIELD, STOUT, BELL, HECKLER, FISHER
AND MADIGAN, MARCH 29, 1995
REFERRED TO TRANSPORTATION, MARCH 29, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for pedalcycle helmets for
3 certain persons.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3510 of Title 75 of the Pennsylvania
7 Consolidated Statutes, amended December 28, 1994 (P.L. ,
8 No.170), is amended to read:
9 § 3510. Pedalcycle helmets for certain persons.
10 (a) General rule.--A person under 12 years of age shall not
11 operate a pedalcycle or ride as a passenger on a pedalcycle
12 unless the person is wearing a pedalcycle helmet meeting the
13 standards of the American National Standards Institute or of the
14 Snell Memorial Foundation's Standards for Protective Headgear
15 for Use in Bicycling. This subsection shall also apply to a
16 person who rides:
17 (1) upon a pedalcycle while in a restraining seat
18 attached to a pedalcycle; or
1 (2) in a trailer towed by a pedalcycle.
2 (b) Helmet to be labeled.--Any helmet sold or offered for
3 sale for use by operators and passengers of pedalcycles shall be
4 conspicuously labeled in accordance with the standard described
5 in subsection (a), which shall constitute the manufacturer's
6 certification that the helmet conforms to the applicable safety
7 standards.
8 (b.1) Sale of helmet.--No person shall sell or offer for
9 sale for use by an operator or passenger of a pedalcycle a
10 helmet which is not of a type meeting the requirements
11 established by this section.
12 (b.2) Waiver of fine.--If a person receives a citation
13 issued by the proper authority for violation of subsection (a),
14 a district justice, magistrate or judge shall dismiss the
15 charges if the person prior to or at his hearing displays
16 evidence of acquisition of a helmet meeting the standards
17 prescribed in subsection (a) to such district justice,
18 magistrate or judge. Sufficient evidence shall include a receipt
19 mailed to the appropriate court officer which evidences purchase
20 or transfer of such a helmet from another helmet owner,
21 evidenced by a notarized letter.
22 (b.3) Exemption.--This section shall not apply to a child
23 under 12 years of age who can produce a statement from the
24 family's church authorities attesting that it is against the
25 tenets of the family's religion to wear a helmet.
26 (c) Civil actions.--In no event shall a violation or alleged
27 violation of subsection (a) be used as evidence in a trial of
28 any civil action; nor shall any jury in a civil action be
29 instructed that any conduct did constitute or could be
30 interpreted by them to constitute a violation of subsection (a);
19950S0809B0858 - 2 -
1 nor shall failure to use a pedalcycle helmet be considered as
2 contributory negligence nor shall failure to use a pedalcycle
3 helmet be admissible as evidence in the trial of any civil
4 action.
5 (d) Penalty.--Notwithstanding any other provisions of law,
6 any violation of subsection (a) is punishable by a fine,
7 including all penalties, assessments and court costs imposed on
8 the convicted person not to exceed $25. The court imposing and
9 collecting any such fines shall transfer the fines thus
10 collected to the State Treasurer for deposit in the Pedalcycle
11 Helmet Fund, pursuant to section 3512 (relating to Pedalcycle
12 Helmet Fund). The parent or legal guardian having control or
13 custody of a person under 12 years of age whose conduct violates
14 this section shall be jointly and severally liable with the
15 person for the amount of the fine imposed.
16 (e) Definitions.--As used in this section, the term "wearing
17 a pedalcycle helmet" means having a pedalcycle helmet of good
18 fit fastened securely upon the head with the helmet straps.
19 Section 2. This act shall take effect immediately.
C9L75RZ/19950S0809B0858 - 3 -