First Regular Session
Sixty-second General Assembly
LLS NO. 99-0367.01 Jeff Conway HOUSE BILL 99-1103
STATE OF COLORADO
BY REPRESENTATIVE Bacon
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 CONCERNING A REQUIREMENT THAT A HELMET BE WORN WHILE CERTAIN
102 MINORS ARE RIDING BICYCLES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Makes the following acts a class B traffic infraction:
Operating or riding a bicycle on a roadway without
wearing a helmet, if such person is under 16 years of age;
Operating a bicycle on a roadway while carrying a person
under 16 years of age and that passenger is not wearing a
helmet;
As a parent or legal guardian of a child under 16 years of
age, knowingly permitting such child to operate or ride a
bicycle on a roadway without wearing a helmet.
Creates a $15 fine for any violation of the helmet requirements.
Sets forth standards for the required helmets.
Allows first-time offenders to pay the fine or provide proof to the
court that they have the required helmet. States that the parents of
children under 12 years of age, not the children, will be cited for the
violation. Provides further that children who are between 12 years of age
and 16 years of age may be cited or, in the alternative, that their parents
may be cited.
Exempts from these requirements any person whose religious
beliefs would be violated if they were to wear a helmet. Exempts from
these requirements any person operating or riding a bicycle in any city,
county, or city and county that has enacted traffic regulations prohibiting
children under 16 years of age from bicycling without a helmet.
States that evidence indicating a person failed to wear a helmet
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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shall not be admissible to reduce damages or as a defense to an action
brought by or on behalf of an injured or deceased bicyclist or bicycle
passenger or their survivors.
Authorizes the department of public safety to establish a statewide
education program concerning the importance of helmet use for
bicyclists.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 14 of article 4 of title 42, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 42-4-1412.1. Helmet required for bicycling - penalties -
6 exemptions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
7 OTHERWISE REQUIRES:
8 (a) "HELMET" MEANS HEADGEAR THAT MEETS THE STANDARDS OF
9 THE AMERICAN NATIONAL STANDARDS INSTITUTE OR THE SNELL
10 MEMORIAL FOUNDATION'S STANDARDS FOR PROTECTIVE HEADGEAR FOR
11 USE IN BICYCLING.
12 (b) "ROADWAY" MEANS ANY PAVED OR UNPAVED PUBLIC
13 ROADWAY IN THE STATE, ANY PAVED SHOULDER OF A ROADWAY SUITABLE
14 FOR BICYCLE RIDING, OR ANY PATHS OR PARTS OF ROADWAYS SET ASIDE
15 FOR THE EXCLUSIVE USE OF BICYCLES.
16 (c) "WEARING A HELMET" MEANS HAVING SUCH HELMET, AS
17 DEFINED IN PARAGRAPH (a) OF THIS SUBSECTION (1), FASTENED SECURELY
18 UPON THE HEAD OF THE WEARER WITH THE HELMET STRAPS SECURELY
19 FASTENED AS THEY WERE INTENDED AND DESIGNED.
20 (2) EVERY PERSON UNDER SIXTEEN YEARS OF AGE COMMITS THE
21 OFFENSE OF FAILURE TO WEAR A HELMET WHEN SUCH PERSON OPERATES
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1 OR RIDES A BICYCLE ON ANY ROADWAY AND IS NOT WEARING A HELMET.
2 (3) A PERSON COMMITS THE OFFENSE OF ENDANGERING A
3 BICYCLIST IF SUCH PERSON:
4 (a) IS THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER SIXTEEN
5 YEARS OF AGE AND KNOWINGLY PERMITS SUCH CHILD TO OPERATE OR RIDE
6 A BICYCLE ON A ROADWAY WHILE SUCH CHILD IS NOT WEARING A HELMET;
7 OR
8 (b) OPERATES A BICYCLE ON A ROADWAY WHILE CARRYING
9 ANOTHER PERSON WHO IS UNDER SIXTEEN YEARS OF AGE AND THAT
10 PASSENGER IS NOT WEARING A HELMET.
11 (4) ANY PERSON WHO VIOLATES SUBSECTION (2) OR (3) OF THIS
12 SECTION COMMITS A CLASS B TRAFFIC INFRACTION; EXCEPT THAT:
13 (a) IF A CHILD VIOLATES SUBSECTION (2) OF THIS SECTION AND IS
14 LESS THAN TWELVE YEARS OF AGE, ANY CITATION SHALL BE ISSUED NOT TO
15 SUCH CHILD BUT, PURSUANT TO PARAGRAPH (a) OF SUBSECTION (3) OF THIS
16 SECTION, TO THE PARENT OR LEGAL GUARDIAN OF SUCH CHILD.
17 (b) IF A CHILD VIOLATES SUBSECTION (2) OF THIS SECTION AND IS
18 AT LEAST TWELVE YEARS OF AGE BUT LESS THAN SIXTEEN YEARS OF AGE,
19 A CITATION MAY BE ISSUED TO SUCH CHILD FOR THE VIOLATION OF
20 SUBSECTION (2) OF THIS SECTION OR, PURSUANT TO PARAGRAPH (a) OF
21 SUBSECTION (3) OF THIS SECTION, TO THE PARENT OR LEGAL GUARDIAN OF
22 SUCH CHILD.
23 (5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
24 CONTRARY:
25 (a) ANY PERSON WHOSE RELIGIOUS BELIEFS OR PRACTICES WOULD
26 BE VIOLATED BY THE WEARING OF A HELMET SHALL BE EXEMPT FROM THE
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1 REQUIREMENTS OF THIS SECTION;
2 (b) ANY PERSON WHO OPERATES OR RIDES A BICYCLE ON A
3 ROADWAY IN A CITY, COUNTY, OR CITY AND COUNTY THAT HAS ENACTED
4 A TRAFFIC REGULATION PROHIBITING PERSONS UNDER SIXTEEN YEARS OF
5 AGE FROM OPERATING OR RIDING A BICYCLE WITHOUT WEARING A HELMET
6 SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
7 (6) A PERSON CONVICTED OF VIOLATING SUBSECTION (2) OR (3) OF
8 THIS SECTION FOR THE FIRST TIME SHALL NOT BE REQUIRED TO PAY A FINE
9 IF SUCH PERSON PROVES TO THE SATISFACTION OF THE COURT AT THE TIME
10 OF APPEARING IN COURT THAT SUCH PERSON OWNS OR POSSESSES A
11 HELMET FOR THE CHILD AND THAT SUCH CHILD REGULARLY WEARS SUCH
12 HELMET WHEN OPERATING OR RIDING A BICYCLE.
13 (7) EVIDENCE OF A VIOLATION OF THIS SECTION AND EVIDENCE OF
14 A PERSON'S LACK OF A HELMET SHALL NOT BE ADMISSIBLE, APPLICABLE, OR
15 EFFECTIVE TO REDUCE THE AMOUNT OF DAMAGES OR TO CONSTITUTE A
16 DEFENSE TO AN ACTION FOR DAMAGES BROUGHT BY OR ON BEHALF OF AN
17 INJURED BICYCLIST OR BICYCLE PASSENGER OR THE SURVIVORS OF A
18 DECEASED BICYCLIST OR BICYCLE PASSENGER IF SUCH BICYCLIST OR
19 BICYCLE PASSENGER WAS INJURED OR KILLED AS A RESULT, IN WHOLE OR
20 IN PART, OF THE FAULT OF ANOTHER.
21 (8) THE DEPARTMENT OF PUBLIC SAFETY MAY ESTABLISH A
22 STATEWIDE BICYCLE HELMET PUBLIC EDUCATION AND AWARENESS
23 PROGRAM. ANY SUCH PROGRAM SHALL INCLUDE A PLAN FOR THE
24 COORDINATION OF GOVERNMENT AND PRIVATE EFFORTS TO REDUCE
25 BICYCLE-RELATED INJURIES AND FATALITIES.
26 SECTION 2. 42-4-1701 (4) (a) (I) (N), Colorado Revised
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1 Statutes, is amended to read:
2 42-4-1701. Traffic offenses and infractions classified -
3 penalties - penalty and surcharge schedule. (4) (a) (I) Except as
4 provided in paragraph (c) of subsection (5) of this section, every person
5 who is convicted of, who admits liability for, or against whom a judgment
6 is entered for a violation of any provision of this title to which the
7 provisions of paragraph (a) or (b) of subsection (5) of this section apply
8 shall be fined or penalized, and have a surcharge levied thereon pursuant
9 to section 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty
10 and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this
11 subparagraph (I); or, if no penalty or surcharge is specified in the
12 schedule, the penalty for class A and class B traffic infractions shall be
13 fifteen dollars, and the surcharge shall be two dollars. These penalties
14 and surcharges shall apply whether the defendant acknowledges the
15 defendant's guilt or liability in accordance with the procedure set forth by
16 paragraph (a) of subsection (5) of this section or is found guilty by a court
17 of competent jurisdiction or has judgment entered against the defendant
18 by a county court magistrate. Penalties and surcharges for violating
19 specific sections shall be as follows:
20 Section Violated Penalty Surcharge
21 (N) Other offenses:
22 42-4-1301 (2)(a.5) $ 50.00 $ 6.00
23 42-4-1402 50.00 6.00
24 42-4-1403 15.00 2.00
25 42-4-1404 15.00 2.00
26 42-4-1406 35.00 4.00
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1 42-4-1407 35.00 4.00
2 42-4-314 35.00 4.00
3 42-4-1408 15.00 2.00
4 42-4-1412.1 15.00 2.00
5 SECTION 3. Effective date - applicability. This act shall take
6 effect July 1, 1999, and shall apply to violations committed on or after
7 said date.
8 SECTION 4. Safety clause. The general assembly hereby finds,
9 determines, and declares that this act is necessary for the immediate
10 preservation of the public peace, health, and safety.