Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-11-3 - Motorcycle Safety Equipment and Approval ProceduresIn accordance with W. Va. Code '17C-15-44 and the authority vested therein to the Commissioner of the Department of Motor Vehicles, the following rules and regulations are herewith promulgated:
3.1. On and after July 1, 1971, no person shall use, loan, borrow, sell, offer for sale or distribute any protective helmets for the use by the operators of motorcycles, or protective helmets for the use of passengers thereof unless they are of a type approved by the Commissioner of Motor Vehicles.3.2. An application for approval of safety helmet accompanied by a copy of a laboratory test report from a nationally recognized independent testing laboratory certifying that the complete helmet meets or exceeds A Specifications for Protective Headgear for Vehicular Users, Z90.1-1971" as published by the United States of America Standards Institute, and stating the manufacturer's trade name and model name or number appearing on the helmet tested and being submitted for approval must be submitted to the American Association of Motor Vehicle Administrators, 1828 L Street, N. W., Suite 500, Washington, D.C. 20036. Each helmet submitted for approval to the American Association of Motor Vehicle Administrators shall be permanently labeled on the outside above the base of the rear of the helmet with letters and/or numbers at least one-fourth inch in height with the manufacturer's trade name and model name or number, and in addition shall have a reflectorized outer surface or have securely affixed reflectorized material on the exterior surface of both sides and the rear. Such reflectorized material must cover an area of at least ten (10) square inches on the exterior surface of each side and the rear of the helmet. Reflective material shall consist of glass spheres embedded beneath a transparent surface which forms a smooth, flat outer surface as exposed. Any reflectorized material attached to the helmet must be affixed with a permanent, weatherproof, and water-resistant adhesive substance, and, also each helmet submitted for approval must be equipped with either a neck or chin strap. In conformance with existing agreements the American Association of Motor Vehicle Administrators will furnish the Commissioner of the Department of Motor Vehicles with a confirmation certificate of approval.3.3. Any alteration of a helmet by or for a user shall invalidate its approval by the Commissioner and the label required by identification requirements shall no longer be evidence of approval of such helmet.3.4. The helmet shall be worn on the head with chin strap properly fastened, and in contact with the chin or jaw at all times, while the motorcycle is in motion by both the operator and passenger.3.5. A listing indicating all models of approved protective helmets for the use of motorcycle operators and motorcycle passengers shall be furnished by the Department of Motor Vehicles to all West Virginia law-enforcement agencies, motorcycle dealers licensed as Class F, and to all merchants selling such protective helmets within the State. Any protective helmet approved after such list is furnished, the manufacturer's trade name and model name or number will be made available to the indicated agencies and organizations no later than ninety (90) days after such approval is made by the Commissioner.3.6. When the Commissioner of Motor Vehicles has reason to believe a type or make of motorcycle protective helmet is being sold commercially that does not comply with the requirements set forth in W. Va. Code '17C-15-44, or the standards and specifications established by the Motorcycle Safety Standards and Specifications Board, the Commissioner or his representative after giving thirty (30) days previous notice to the seller, shall conduct a hearing upon the question of compliance of the particular protective headgear. After the hearing, the Commissioner shall determine whether the device meets the standards and specifications established by the Motorcycle Safety Standards and Specifications Board. If it does not, the Commissioner shall give notice of that fact to the seller and the seller shall not sell the device until it is changed or modified to comply with the standards and specifications established by the Motorcycle Safety Standards and Specifications Board and is approved by the Commissioner. The Commissioner of Motor Vehicles shall publish the fact that the particular headgear so disapproved by the Commissioner of Motor Vehicles is one previously approved, but which has fallen below the standards and specifications established by the Motorcycle Safety Standards and Specifications Board, he shall suspend or revoke the approval issued, and he may require that the seller replace with an approved protective headgear any disapproved protective headgear sold after the notification to the seller that the device does not meet the proper standards and specifications.3.7. Any such hearing shall be conducted in accordance with W. Va. Code '29A-5-1 by the Commissioner of Motor Vehicles or his representative.3.8. Certificates of approval will be issued by the American Association of Motor Vehicle Administrators and a confirmation certificate will be forwarded to the Commissioner of Motor Vehicles by the American Association of Motor Vehicles Administrators, and any protective helmet currently approved by the American Association of Motor Vehicle Administrators shall be considered approved for use in this State, provided that such protective headgear remains approved by the American Association of Motor Vehicle Administrators.3.9. A file shall be maintained by the Department of Motor Vehicles of all protective headgear for the use of motorcycle operators and motorcycle passengers approved by the Commissioner of Motor Vehicles, and such file shall contain the manufacturer's name, model name or number, trade name, the American Association of Motor Vehicle Administrators certification number, and expiration date of the certificate. 3.10. Standards and specifications for eyeglasses, eye goggles and face shields shall be the same as A Specifications for Head, Eye and Respiratory Protection, Z2.1-1959" as published by the United States of America Standards Institute.3.11. An application for approval of a windshield or windscreen accompanied by a copy of a laboratory test report from a nationally recognized independent laboratory certifying that the complete windscreen or windshield meets or exceeds the ASafety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Z26.1-1966" as published by the United States of America Standards Institute, and stating the manufacturer's trade name and model name or number appearing on the windscreen or windshield tested and being submitted for approval must be submitted to the American Association of Motor Vehicle Administrators, 1828 L Street, N.W. Suite 500, Washington, D.C. 20036. Each windshield or windscreen offered for sale shall be labeled with the manufacturer's trade name and the model name or number under which the windshield or windscreen was approved by the Commissioner of Motor Vehicles.3.12. Certifications of approval will be issued by the American Association of Motor Vehicle Administrators and a confirmation certificate will be forwarded to the Commissioner of Motor Vehicles by the American Association of Motor Vehicle Administrators, and any windshield or windscreen currently approved by the American Association of Motor Vehicles Administrations, shall be considered approved for use in this State, provided that such windshield or windscreen remains approved by the American Association of Motor Vehicle Administrators.3.13. A file shall be maintained by the Department of Motor Vehicles of all windshields and windscreens for the use on motorcycles therein approved by the Commissioner of Motor Vehicles, and such file shall contain the manufacturer's name, model name or number, trade name, the American Association of Motor Vehicle Administrators= certificate number, and expiration date of the certificate.3.14. Approval may be withdrawn at any time and for any cause deemed reasonable by the Commissioner, and the Commissioner may require new approvals any time he may deem necessary or reasonable.