§ 20-171.9. Requirements for helmet and restraining seat use.
§ 20‑171.9. Requirements for helmet and restraining seat use.
With regard to any bicycleused on a public roadway, public bicycle path, or other public right‑of‑way:
(a) It shall beunlawful for any parent or legal guardian of a person below the age of 16 toknowingly permit that person to operate or be a passenger on a bicycle unlessat all times when the person is so engaged he or she wears a protective bicyclehelmet of good fit fastened securely upon the head with the straps of thehelmet.
(b) It shall beunlawful for any parent or legal guardian of a person below the age of 16 toknowingly permit that person to be a passenger on a bicycle unless all of thefollowing conditions are met:
(1) The person is ableto maintain an erect, seated position on the bicycle.
(2) Except as providedin subdivision (3) of this subsection, the person is properly seated alone on asaddle seat (as on a tandem bicycle).
(3) With respect to anyperson who weighs less than 40 pounds, or is less than 40 inches in height, theperson can be and is properly seated in and adequately secured to a restrainingseat.
(c) No negligence orliability shall be assessed on or imputed to any party on account of aviolation of subsection (a) or (b) of this section.
(d) Violation of thissection shall be an infraction. Except as provided in subsection (e) of thissection, any parent or guardian found responsible for violation of this sectionmay be ordered to pay a civil fine of up to ten dollars ($10.00), inclusive ofall penalty assessments and court costs.
(e) In the case of afirst conviction of this section, the court may waive the fine upon receipt ofsatisfactory proof that the person responsible for the infraction has purchasedor otherwise obtained, as appropriate, a protective bicycle helmet or arestraining seat, and uses and intends to use it whenever required under thissection. (2001‑268,s. 1.)