Introduced Version
HOUSE BILL No. 1634
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 9-13-2
; IC 9-21-11.
Synopsis: Child bicycle safety. Requires a person who is less than 16
years of age to wear a properly fitted protective bicycle helmet when
the person operates or is a passenger on a bicycle on a roadway or
public bicycle path. Provides that a passenger on a bicycle must be
either on a seat or in a restraining seat. Provides that a failure to wear
a properly fitted protective bicycle helmet or contain a small passenger
in a restraining seat is a Class C infraction, the judgment for which is
stayed if the operator acquires a protective helmet or restraining seat
when ordered to do so by a court. Prohibits the rental, lease, or sale of
a bicycle to or for the intended use of an operator who is less than 16
years of age unless the person renting, leasing, or purchasing the
bicycle shows possession of a protective helmet by the intended
operator or acquires a protective helmet for the intended operator at the
time of the rental, lease, or sale. Provides that the rental, lease, or sale
of a bicycle to or for the intended use of an operator who is less than 16
years of age without the person renting, leasing, or purchasing the
bicycle shows possession of a protective helmet by the intended
operator or acquires a protective helmet for the intended operator at the
time of the rental, lease, or sale is a Class C infraction. Makes
conforming amendments.
Effective: July 1, 2001.
Welch, Dillon
January 17, 2001, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1634
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-14.3; (01)IN1634.1.1. -->
SECTION 1.
IC 9-13-2-14.3
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 14.3. "Bicycle passenger", for purposes of
IC 9-21-11
,
means an individual who:
(1) rides on a bicycle; and
(2) is not the operator of the bicycle.
SOURCE: IC 9-13-2-14.5; (01)IN1634.1.2. -->
SECTION 2.
IC 9-13-2-14.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 14.5. "Bicycle path" means a right-of-way under the
jurisdiction and control of the state or a political subdivision that
is used primarily by pedestrians and individuals on bicycles.
SOURCE: IC 9-13-2-118; (01)IN1634.1.3. -->
SECTION 3.
IC 9-13-2-118
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 118. (a) "Operator"
means, except as provided in subsection (b), when used in reference to
a motor vehicle, a person, other than a chauffeur or a public passenger
chauffeur, who:
(1) drives or is in actual physical control of a motor vehicle upon
a highway; or
(2) is exercising control over or steering a motor vehicle being
towed by a motor vehicle.
(b) "Operator", for purposes for
IC 9-21-11
, means an
individual:
(1) who propels a bicycle while seated on a seat or saddle seat
from which the person is intended to and may pedal the
bicycle; or
(2) who stands on the bicycle and kicks the ground in order to
propel the bicycle.
(c) "Operator", for purposes of IC 9-25, means a person other than
a chauffeur who is in actual physical control of a motor vehicle upon
a highway of Indiana.
SOURCE: IC 9-13-2-123.5; (01)IN1634.1.4. -->
SECTION 4.
IC 9-13-2-123.5 IS
ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 123.5. "Pedal cab", for purposes
of
IC 9-21-11
, has the meaning set forth in
IC 9-21-11-0.5.
SOURCE: IC 9-13-2-139.5; (01)IN1634.1.5. -->
SECTION 5.
IC 9-13-2-139.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 139.5. "Protective bicycle
helmet" means a piece of headgear that meets or exceeds the
impact standards for protective bicycle helmets set by the:
(1) American National Standards Institute (ANSI); or
(2) Snell Memorial Foundation.
SOURCE: IC 9-13-2-153.5; (01)IN1634.1.6. -->
SECTION 6.
IC 9-13-2-153.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 153.5. "Restraining seat" means
a seat that is:
(1) separate from the seat or saddle seat of the operator of a
bicycle;
(2) fastened securely to the frame of the bicycle; and
(3) adequately equipped to:
(A) restrain a bicycle passenger in the seat; and
(B) protect the bicycle passenger from the moving parts of
the bicycle.
SOURCE: IC 9-21-11-0.5; (01)IN1634.1.7. -->
SECTION 7.
IC 9-21-11-0.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 0.5. As used in this chapter, "pedal cab" means a
bicycle that is:
(1) designed to carry not more than five (5) individuals,
including the operator;
(2) held out to the public for hire at a fare regulated by
municipal ordinance and based upon length of trips or time
consumed;
(3) not operated over a definite route; and
(4) a part of a commercial enterprise in the business of
providing conveyance service.
SOURCE: IC 9-21-11-1; (01)IN1634.1.8. -->
SECTION 8.
IC 9-21-11-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) As used in this
section, "protected person" has the meaning set forth in
IC 29-3-1-13.
(b) The parent of a child and the guardian of a protected person may
not authorize or knowingly permit the child or protected person to
violate this chapter.
(b) (c) Subject to the exceptions stated, the provisions of this
chapter applicable to bicycles apply whenever a bicycle is operated
upon a highway roadway or a bicycle path set aside for the exclusive
use of bicycles.
(d) In a proceeding to enforce section 4(b)(2)B) of this chapter,
the operator shall be charged with the violation.
SOURCE: IC 9-21-11-3; (01)IN1634.1.9. -->
SECTION 9.
IC 9-21-11-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person
propelling An operator of a bicycle may not
(1) ride other than:
(1) upon the permanent and regular seat attached to the bicycle;
or
(2) by standing on the bicycle.
An operator of a bicycle may not carry any other person upon the
bicycle a bicycle passenger who is not seated upon a firmly attached
and regular seat on the bicycle unless the passenger is seated in a
restraining seat.
(b) A person may not ride upon a bicycle unless seated under other
than according to the requirements of this section.
SOURCE: IC 9-21-11-4; (01)IN1634.1.10. -->
SECTION 10.
IC 9-21-11-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) A bicycle may
not be used to carry more persons at one (1) time than the number for
which the bicycle is designed and equipped.
(b) This subsection does not apply to a passenger in a pedal cab.
An individual who is a bicycle passenger on a roadway or bicycle
path must meet the following conditions:
(1) The individual is able to maintain an erect and seated
position on the bicycle or upon the restraining seat.
(2) The individual is either:
(A) properly seated alone on a seat or a saddle seat; or
(B) if the individual weighs less than forty (40) pounds or
is less than forty (40) inches in height, the individual is
properly seated in and adequately secured to a restraining
seat.
SOURCE: IC 9-21-11-14; (01)IN1634.1.11. -->
SECTION 11.
IC 9-21-11-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) Except as
provided in subsections (b) and (c), a person who violates this chapter
commits a Class C infraction.
(b) This subsection and subsection (c) apply to a violation of
section 4(b)(2) or 15 of this chapter. If, at a proceeding to enforce
section 4(b)(2)(B) or 15 of this chapter, the court finds that a
person:
(1) has violated either section 4(b)(2)(B) or 15 of this chapter;
and
(2) does not possess or has not acquired:
(A) a restraining seat, in violation of section 4(b)(2)(B) of
this chapter; or
(B) a protective bicycle helmet, in violation of section 15 of
this chapter;
the court shall stay the entry of judgment against the person and
shall order the person to provide, within thirty (30) days, proof of
possession or acquisition of a restraining seat, if the person has
violated section 4(b)(2)(B) of this chapter, or a protective bicycle
helmet, if the person has violated section 15 of this chapter, to the
prosecuting attorney of the jurisdiction where the offense
occurred.
(c) If the person:
(1) complies with a court order under subsection (b); and
(2) does not have a previous judgment of violation of section
4(b)(2)(B) or 15 of this chapter against the person;
the prosecuting attorney of the jurisdiction where the offense
occurred shall dismiss the action.
SOURCE: IC 9-21-11-15; (01)IN1634.1.12. -->
SECTION 12.
IC 9-21-11-15
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 15. (a) This section does not apply
to a passenger in a pedal cab.
(b) A person less than sixteen (16) years of age who operates a
bicycle or is a bicycle passenger on a roadway or bicycle path shall
wear a protective bicycle helmet at all times while the bicycle is in
motion. A protective bicycle helmet worn under this section must:
(1) properly fit the person who wears the helmet; and
(2) be securely fastened with the helmet's straps.
SOURCE: IC 9-21-11-16; (01)IN1634.1.13. -->
SECTION 13.
IC 9-21-11-16
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 16. A person may not rent or
lease a bicycle to or for the use of an operator who is less than
sixteen (16) years of age unless:
(1) the operator shows possession of a properly fitted
protective helmet; or
(2) the rental or lease of the bicycle includes the provision of
a properly fitted protective helmet for the operator.
SOURCE: IC 9-21-11-17; (01)IN1634.1.14. -->
SECTION 14.
IC 9-21-11-17
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Sec. 17. A person may not sell a
bicycle at retail to or for the use of a person who is less than sixteen
(16) years of age unless the person who is purchasing the bicycle:
(1) presents satisfactory proof of ownership to the seller of the
bicycle of a protective helmet for the intended operator of the
bicycle; or
(2) purchases a bicycle helmet for the intended operator of the
bicycle at the time the bicycle is purchased.