[Added 9-19-2005]
Every person operating a moped, as defined in Virginia State
Code § 46.2-100, on a public street shall wear a face shield,
safety glasses, or goggles of a type approved by the Superintendent
of Transportation or have his moped equipped with safety glass or
a windshield at all times while operating such vehicle, and operators
and passengers thereon, if any, shall wear protective helmets of a
type approved by the Superintendent of Transportation. A violation
of any such ordinance shall not constitute negligence, be considered
in mitigation of damages of whatever nature, be admissible in evidence
or be the subject of comment by counsel in any action for the recovery
of damages arising out of the operation, ownership, or maintenance
of a moped or motor vehicle, nor shall anything in this section change
any existing law, rule, or procedure pertaining to any such civil
action. Any person who knowingly violates this section shall be guilty
of a traffic infraction and be subject to a fine of $50.
Every person 14 years of age or younger shall wear a protective
helmet that at least meets the Consumer Product Safety Commission
standard whenever riding or being carried on a bicycle, an electric
personal assistive mobility device, or an electric power-assisted
bicycle on any highway, sidewalk or public bicycle path. A violation
of any such ordinance shall not constitute negligence, be considered
in mitigation of damages of whatever nature, be admissible in evidence
or be the subject of comment by counsel in any action for the recovery
of damages arising out of the operation of any bicycle, electric personal
assistive mobility device, or electric power-assisted bicycle, nor
shall anything in this section change any existing law, rule, or procedure
pertaining to any such civil action. Violation of this section shall
be punishable by a fine of $25. However, such fine shall be suspended
for first-time violators and for violators who, subsequent to the
violation but prior to imposition of the fine, purchase helmets of
the type required.
