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S. B. No. 77 As Introduced
|129th General Assembly|
Senators Tavares, Turner, Smith, Brown
To enact section 4511.531 of the Revised Code to
require bicycle operators and passengers under 18
years of age to wear protective helmets when the
bicycle is operated on a roadway and to establish
the Bicycle Safety Fund to be used by the
Department of Public Safety to assist low-income
families in the purchase of bicycle helmets.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.531 of the Revised Code be
enacted to read as follows:
Sec. 4511.531. (A)(1) No person under eighteen years of age
shall operate a bicycle on a roadway unless that person is wearing
an approved helmet that is of good fit and is fastened securely on
the person's head.
(2) No person under eighteen years of age shall be a
passenger on a bicycle on a roadway, including as a passenger in a
restraining seat or in a bicycle trailer, unless the person is
wearing an approved helmet that is of good fit and is fastened
securely on the person's head.
(B)(1) Whoever violates division (A) of this section shall be
fined twenty-five dollars. The parent, guardian, or other person
having custody of the offender is responsible for the payment of
any fine imposed under this division.
(2) Upon receipt by the court of satisfactory proof that the
offender has a protective helmet, the court may waive the fine for
(3) All fines collected for a violation of division (A) of
this section shall be forwarded to the treasurer of state and
credited to the bicycle safety fund, which is hereby created in
the state treasury. The department of public safety shall use the
money credited to the fund to assist low-income families in the
purchase of approved bicycle helmets in accordance with guidelines
the director of public safety shall establish. All investment
earnings of the bicycle safety fund shall be credited to the fund.
(C) The provisions of this section or a violation of those
provisions shall not be used as evidence in any civil action.
(D) As used in this section:
(1) "Approved helmet" means a helmet that meets or exceeds
the standards for protective bicycle helmets established by the
American national standards institute, the American society for
testing and materials, or the Snell memorial foundation.
(2) "Low-income family" means a family with an income not
exceeding the federal poverty guidelines as defined in section
5101.46 of the Revised Code.
Section 2. Notwithstanding any provision of law to the
contrary, for the period of one year after the effective date of
this act, no law enforcement officer shall issue a ticket,
citation, or summons to a person who violates division (A) of
section 4511.531 of the Revised Code. During that time, the law
enforcement officer instead shall issue the person a written
warning explaining the provisions of section 4511.531 of the
Revised Code. The written warning may notify the person of the
specific date, one year after the effective date of this act, when
law enforcement officers shall begin enforcing the provisions of
section 4511.531 of the Revised Code.