H.P. 1096 - L.D. 1543
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA c. 20 is enacted to read:
CHAPTER 20
BICYCLE SAFETY ACT
This chapter may be known and cited as the "Bicycle Safety Education Act."
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Bicycle. "Bicycle" means a vehicle primarily propelled by human power, operated by a person usually seated on a seat and driven on the ground on wheels by the operator.
2. Bicycle helmet. "Bicycle helmet" means a piece of protective headgear intended for bicyclists that meets or exceeds the Consumer Products Safety Commission's standards.
3. Bicycle passenger. "Bicycle passenger" means any person who is traveling on a bicycle, a bicycle trailer or a similar product but is not an operator.
4. Bicycle passenger seat. "Bicycle passenger seat" means a seat separate from the saddle or seat for the operator of the bicycle or bicycle trailer or similar product that is securely fastened to the frame of the bicycle and is specifically designed for bicycle passenger use.
5. Bicycle taxi. "Bicycle taxi" means a bicycle designed to carry passengers.
6. Bicycle taxi passenger. "Bicycle taxi passenger" means a person who is traveling on a bicycle taxi but is not the operator of the bicycle taxi.
7. Bikeway. "Bikeway" means a vehicle way, paved or unpaved, upon which bicycles, unicycles or other vehicles propelled by human power may be pedaled. The bikeway may be part of a road or highway or it may be adjacent to a road or highway. A bikeway is a right-of-way under the jurisdiction and control of the State or a local subdivision of the State for use primarily by bicyclists and pedestrians.
8. Operator. "Operator" means a person who travels on and controls a bicycle.
9. Public roadway. "Public roadway" means a right-of-way under the jurisdiction and control of the State or a local political subdivision of the State for the use primarily by motor vehicular traffic.
§2323. Bicycle helmet use; passenger seat use
1. Use of helmet. A person under 16 years of age who is an operator or a passenger on a bicycle on a public roadway or a public bikeway shall wear a helmet of good fit, positioned properly and fastened securely upon the head by helmet straps.
2. Passenger seat. A bicycle passenger must be seated properly in a bicycle passenger seat.
§2324. Obligation of businesses renting bicycles
A person who is in the business of renting bicycles shall post or make available to a person renting a bicycle a written notice explaining the provisions of this chapter and shall provide an appropriate helmet to an operator or passenger who is under 16 years of age. A reasonable fee may be charged for the helmet rental.
§2325. Limitation of liability
A person who is in the business of selling or renting bicycles who complies with this chapter is not liable in a civil suit for damages for any physical injuries sustained by a bicycle operator or passenger as a result of the operator's or passenger's failure to use a helmet.
§2326. Violations and enforcement
A law enforcement officer may provide bicycle safety information to a person who is in violation of section 2323. The officer may also inform that person's parent about the provisions of this chapter and about where to obtain a protective bicycle helmet.
Bicycle taxi passengers are exempt from this Act.
In an accident involving a bicycle, the nonuse of a helmet by the operator or passenger is not admissible as evidence in a civil or criminal trial.
Sec. 2. Bicycle safety guidelines. The Department of Education shall develop bicycle safety guidelines that meet the performance indicators within the health education standards outlined in the State's learning results. The guidelines must also meet the requirements of the 1984 Education Reform Act, specifically the rules and regulations for Comprehensive School Health Education. The department shall also develop a list of exemplary bicycle safety resources for distribution to schools working on bicycle safety education. In developing the guidelines and identifying the resources, the department shall work with experts in bicycle safety, including, but not limited to: the Bicycle Coalition of Maine; the Department of Transportation; the Department of Public Safety, the Maine Transportation Safety Coalition; the Maine Coalition for Safe Kids; a cycling instructor certified by a national league of American bicyclists; and the Bureau of Health.
Sec. 3. Municipal ordinance. A municipality may by ordinance establish a more comprehensive
bicycle safety program than that developed by the Department of Education.
Effective September 18, 1999, unless otherwise indicated.
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