Summary: We had testified that the standards section of this law needed revision to specify the CPSC standard
if any, but the Council chose not to. We do not recommend using Section 10.5 of this law as a model! We have a page up to
provide advice on how to specify a standard in a bike helmet law.
COUNCIL OF THE DISTRICT OF COLUMBIA
NOTICE
D.C. LAW 13-112
"Child Helmet Safety Amendment Act of 2000"
Pursuant to Section 412 of the District of Columbia Home Rule Act, P.L. 93- 198 "the Act" the Council of the District of
Columbia adopted Bill 13-163 on first and second readings January 4, 2000 and February 1, 2000, respectively. Following
the signature of the Mayor on February 18, 2000, pursuant to Section 404(e) of "the Act", the bill became Act 13-265 and
it was published in the March 24, 2000 edition of the D.C. Register (Vol. 47, page 1985). The Act was transmitted to
Congress on March 22, 2000 for a 30-day review, in accordance with Section 602(c)(1) of the Act.
The Council of the District of Columbia hereby gives notice that the 30-day Congressional review period has expired, and
the Act is now D.C. Law 13-112, effective May 23, 2000.
(Signature)
LINDA W. CROPP
Chairman of the Council
Days Counted During the 30-day Congressional Review Period:
Mar. 22,23,24,27,28,29,30
April 3,4,5,6,7,10,11,12,13
May 1,2,3,4,8,9,10,11,15,16,17,18,19,22
ENROLLED ORIGINAL
AN ACT
D.C. ACT 13-265
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
FEBRUARY 18, 2000
To amend the District of Columbia Comprehensive Bicycle Transportation and Safety Act of 1984 to require children under
16 years of age to wear helmets while riding bicycles.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Child Helmet Safety
Amendment Act of 2000".
Sec. 2. The District of Columbia Comprehensive Bicycle Transportation and Safety Act of 1984, effective March 16, 1985
(D.C. law 5-179; D.C. Code § 40-1401 et seq.), is amended as follows:
(a) Section 2 (D.C. Code § 40-1401) is amended by adding new subsections (ej-(i) to read as follows:
"(e) Disability and death from injuries sustained in bicycling accidents are a serious threat to the health, welfare
and safety of District children.
"(f) Each year approximately 290 children are involved in fatal accidents, and nearly 400,000 are injured with
varying degrees of severity in bicycle related injuries or crashes.
"(g) Head injuries account for over 60% of bicycle related fatalities and 1/3 of bicycle related emergency room
visits.
"(h) Use of a bicycle helmet is the single, most effective preventive measure of reducing head injuries by 85%, and
brain injuries or serious disabilities by 88% from bicycle accidents.
"(i) Only 15% of bicyclists use proper head protective equipment, and some studies show that bicycle helmet usage for
children under 16 years of age ranges from 5% to 15%.".
(b) New sections 6,7,8, 9 and 10 are added to read as follows:
"Sec.6. Helmet use requirements.
"(a) It shall be unlawful for any person under 16 years of age to operate or to be a passenger on a bicycle or any
attachment to a bicycle on a public roadway, public bicycle path or other public right-of-way, unless that person
wears a protective helmet of good fit, fastened securely upon the head with the straps of the helmet.
"(b) It shall be unlawful for any parent or legal guardian of a child under 16 years of age to knowingly permit the
child to operate or to be a passenger on a bicycle on a public roadway, public bicycle path, or other public
right-of-way, unless at all times when the child is so engaged, he or she wears a protective bicycle helmet of good
fit, fastened securely upon the head with the straps of the helmet.
"(c) The parents or legal guardians of any child under 16 years of age found in violation of this section shall be
liable for paying a fine of $25. However, the fine shall be suspended for:
"(1) First time violators; or
"(2) Violators who subsequent to the violation, but prior to the imposition of fine, purchase a helmet of the type
required by this act.
"(d) The penalties provided for pursuant to subsection (c) of this section shall not be enforced until 90 days after
the effective date of the Child Helmet Safety Amendment Act of 2000.
"(e) Any helmet sold or rented, or offered for sale or rent, for use by operators and passengers of bicycles shall be
conspicuously labeled in accordance with the standard described in section 10(5).
"(f)(1 ) A person regularly engaged in the business of renting bicycles shall require each person seeking to rent a
bicycle to provide his or her signature, either on the rental form, or on a separate form containing each of the
following:
"(A) A written explanation of the provisions of this act and the penalties for violations; and
"(B) A statement concerning whether a person under 16 years of-age will operate the bicycle in an area where a
helmet is required.
"(2) A person regularly engaged in the business of renting bicycles shall provide a properly fitted helmet to any
person who will operate the bicycle in an area requiring a helmet, if the person does not already have a helmet in
his or her possession. A reasonable fee may be charged for the helmet rental.
"(3) A person regularly engaged in the business of selling or renting bicycles who complies with this act shall not
be liable in a civil action 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 wear a helmet or to wear a properly fitted or fastened helmet in
violation of this act.
"Sec. 7. Contributory negligence.
Failure to wear a helmet as described in this act shall not be considered as evidence of either negligence per se,
contributory negligence, or assumption of the risk in any civil suit arising out of any accident in which a person
under 16 years of age is injured. Failure to wear a helmet shall not be admissible as evidence in the trial of any
civil action, nor in any way diminish or reduce the damages recoverable in such action.
"Sec. 8. Child safety helmet education program.
"(a) Within 60 days of the effective date of the Child Helmet Safety Amendment Act of 2000, the Department of Public
Works, in conjunction with the Metropolitan Police Department and District of Columbia Public Schools, shall develop
and implement a public education program to educate adults and children under 16 years of age on the requirements of
the Child Helmet Safety Amendment Act of 2000 and the importance of properly wearing bicycle safety helmets.
"(b) By October 1, of each year, the Department of Public Works shall provide the Council of the District of
Columbia, Committee on Public Works and the Environment, or a successor committee, a report summarizing the public
education activities completed during the previous fiscal year, along with any statistics collected regarding bicycle
accidents and injuries during the preceding fiscal year.
"Sec. 9. Child safety helmet assistance program.
The District of Columbia Department of Public Works shall adopt a helmet assistance program which shall include grants
and discount programs to assist indigent parents and guardians of children under 16 years of age in obtaining safety
helmets.
"Sec. 10. Definitions.
"For the purposes of this act the term:
"( I ) "Bicycle" means a human-powered vehicle with wheels designed to transport, by pedaling, one or more persons
seated on one or more saddle seats on its frame. "Bicycle" also includes a human-powered vehicle, and any attachment
to the vehicle designed to transport by pedaling when the vehicle is used on a public roadway, public bicycle path or
other public right-of-way. The term "Bicycle" also includes a "tricycle," which is a 3-wheeled human-powered vehicle
designed for use as a toy by a single child under 6 years of age, the seat of which is no more than 2 feet from
ground level.
"(2) "Operator" means a person under 16 years of age who travels on a bicycle seated on a saddle seat from which that
person is intended to and can pedal the bicycle.
"(3) "Other public right-of-way" means any right-of-way other than a public roadway or public bicycle path that is
under the jurisdiction and control of the District of Columbia and is designed for use and used by vehicular or
pedestrian traffic.
"(4) "Passenger" means any person, under 16 years of age, who~travels on a bicycle in any manner except as an
operator.
"(5) "Protective bicycle helmet" means a piece of headgear which meets or exceeds the impact standards for protective
bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation's standards
for protective headgear or American Society for Testing and Materials (ASTM) for use in bicycling.
"(6) "Public bicycle path" means a right-of-way under the jurisdiction and control of the District of Columbia for
use primarily by bicycles and pedestrians.
"(7) "Public roadway" means a right-of-way under the jurisdiction and control of the District of Columbia for use
Primarily by motor vehicles.".
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by
section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §
1-233(c)(3)).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council
to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in
section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved
April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), a 30-day period of Congressional review as provided in
section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §
1-233(c)(1)), and publication in the District of Columbia Register.
Signature: Linda N. Cropp
Chairman
Council of the District of Columbia
Signature: Anthony A. Williams
Mayor
District of Columbia
APPROVED: February 18, 2000