D. State of Oregon
1. OREGON LEGISLATION
67th OREGON LEGISLATIVE ASSEMBLY--1993 Regular Session
Senate Bill 1088 *
Ordered by the House June 29
Including Senate Amendments dated May 28 and House Amendments dated June 29
Sponsored by Senators CEASE, COOLEY, Senators McCoy, ROBERTS, SPRINGER (at the request of Eric and Jeremy Keim)
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure.
Punishes failure to wear protective headgear while operating bicycle or while riding as passenger on bicycle by maximum fine of $25 if person is under 16 years of age and operates bicycle on highway or premises open to public . Provides that legal guardian or child is liable for failure of child under 16 to wear protective headgear but legal guardian will be issued citation if child is 11 years of age or younger . Punishes renting bicycle for operation on highway or premises open to public to person under 16 years of age without protective headgear by maximum fine of $50. Requires [ Motor Vehicles ] Traffic Safety Division to adopt standards for protective headgear for bicycle riders.
Exempts tricycles designed for children and three-wheeled nonmotorized vehicles operated on beach from headgear requirements.
Prohibits evidence of violation of Act or lack of protective headgear from reducing amount of damages or being used as defense to action concerning injured or killed bicyclist or passenger.
Becomes operative July 1, 1994.
A BILL FOR AN ACT
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2, 3, 3a, 3b, 3c and 7 of this Act are added to and made a part of ORS chapter 814.
SECTION 2. (1) A person commits the offense of failure of a bicycle operator or rider towear protective headgear if the person is under 16 years of age, operates or rides on a bicycle on a highway or on premises open to the public and is not wearing protective headgear of a type approved under section 6 of this 1993 Act.
SECTION 3. (1) A person commit the offense of endangering a bicycle operator or passenger if:
SECTION 3a. For purposes of sections 2, 3, 5 and 6 of this 1993 Act, “bicycle” has the meaning given in ORS 801.150 except that:
SECTION 3b. For purposes of the offenses defined in sections 2, 3 and 5 (2) of this 1993 Act, a person shall not be considered to be operating or riding on a bicycle on a highway or on premises open to the public if the person is operating or riding on a three-wheeled non-motorized vehicle on a beach while it is closed to motor vehicle traffic.
SECTION 3c. (1) If a child in violation of section 2 of this 1993 Act is 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of section 3 of this 1993 Act, rather than to the child for violation of section 2 of this 1993 Act.
SECTION 4. Sections 5 and 6 of this Act are added to and made a part of ORS chapter 815.
SECTION 5. (1) A person commits the offense of selling unapproved bicycle equipment if the person sells or offers for sale any bicycle headgear that is not approved by the division under section 6 of this 1993 Act.
SECTION 6. The Traffic Safety Division shall adopt and enforce rules establishing minimum standards and specifications for safe protective headgear to be worn by people operating bicycles and by passengers on bicycles. The rules shall conform, insofar as practicable, to safety standards and specifications for such headgear issued by the American National Standards Institute, Snell or the United States Department of Transportation.
SECTION 7. The first time a person is convicted of an offense described in section 2 or 3 of this 1993 Act, the person shall not be required to pay a fine if the person proves to the satisfaction of the court that the person has protective headgear of a type approved under section 6 of this 1993 Act.
SECTION 8. Evidence of violation of section 2 or 3 of this Act and evidence of lack of protective headgear shall not be admissible, applicable or effective to reduce the amount of damages or to constitute a defense to an action for damages brought by or on behalf of an injured bicyclist or bicycle passenger or the survivors of a deceased bicyclist or passenger if the bicyclist or passenger was injured or killed as a result in whole or in part of the fault of another.
SECTION 9. This Act becomes operative on July 1, 1994. Prior to that time, the Traffic Safety Division shall adopt and publish the rules described in Section 6 of this Act.
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed ] is existing law to be omitted. New sections are in boldfaced type.Relating to protective headgear for bicyclists.