Be it enacted by the General Assembly of Virginia:
1. That § 46.2-910 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty.
A. Every person operating a motorcycle shall wear a face
shield, safety glasses or goggles, or have his motorcycle equipped with safety
glass or a windshield at all times while operating the vehicle, and operators
and any passengers thereon shall wear protective helmets. Operators and
passengers riding on motorcycles with wheels of eight inches or less in
diameter or in three-wheeled motorcycles which have nonremovable roofs,
windshields and enclosed bodies shall not be required to wear protective
helmets. The windshields, face shields, glasses or goggles, and protective
helmets required by this section shall meet or exceed the standards and
specifications of the Snell Memorial Foundation, the American National Standards
Institute, Inc., or the federal Department of Transportation. Failure to wear a
face shield, safety glasses or goggles, or protective helmets shall not
constitute negligence per se in any civil proceeding. The provisions of this
section requiring the wearing of protective helmets shall not apply to
operators of or passengers on motorcycles being operated (i) (a) as
part of an organized parade authorized by the Department of Transportation or
the locality in which the parade is being conducted and escorted, accompanied,
or participated in by law-enforcement officers of the jurisdiction wherein the
parade is held and
No motorcycle operator shall use any face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield unless of a type either (i) approved by the Superintendent prior to July 1, 1996, or (ii) that meets or exceeds the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation and is marked in accordance with such standards. No citation for a violation of this subsection shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motorcycle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motorcycle or any criminal statute.
B. It shall be unlawful to sell or offer for sale, for highway use in Virginia, any protective helmet that fails to meet or exceed any standard as provided in the foregoing provisions of this section. Any violation of this subsection shall constitute a Class 4 misdemeanor.