|
When a Helmet is Required In Texas
|
|
§ 16-8-40 HELMET REQUIRED .
(A) A child may not operate or ride on a bicycle or in any sidecar, trailer, child carrier, seat, or other device attached to a bicycle unless the child is wearing a helmet.
(B) A parent may not permit a child to operate or ride on a bicycle or in any side car, trailer, carrier, seat or other device attached to a bicycle unless the child is wearing a helmet.
(Ord. 960509-O; Am. Ord. 971002-C) Penalty, see § 16-8-42
§ 16-8-41 SALE OR LEASE OF BICYCLE BY DEALER. (A) A dealer may not sell a bicycle, bicycle sidecar, trailer, or child carrier unless the dealer provides a written statement to the purchaser advising of the terms of this article. The statement shall be in a form promulgated by the Chief of Police. On request, the Chief of Police shall provide a sample of the required form to a dealer. However, printing and distribution of copies shall be at the dealer's expense.
(B) A dealer may not lease a bicycle to a person for use by a child unless the dealer:
(1) provides a helmet for the use of each child who will operate or ride on the bicycle; or
(2) determines that each child who will operate or ride on the bicycle has a helmet available.
A dealer may impose an additional fee for use of a helmet if the dealer sells or leases a helmet to a bicycle lessee.
(Ord. 960509-O; Am. Ord. 971002-C) Penalty, see § 16-8-42
§ 16-8-42 PENALTY. (A) A person commits an offense if the person performs an act prohibited by this article or fails to perform an act required by this article. An offense under this article is a class C misdemeanor, punishable by a fine not to exceed $20 on a first conviction and a fine not to exceed $40 on a subsequent conviction.
(B) The Municipal Court may dismiss a charge against a person for an offense under Section 16-8-40 on receiving proof that:
(1) the defendant acquired a helmet for the child who was operating or riding in violation of Section 16-8-40; and
(2) the defendant acquired the helmet on or before the 30th day after receiving the citation for the violation.
(C) The purpose of this article is to encourage the use of helmets.
In keeping with that purpose, the municipal courts are urged to consider deferred dispositions under Article 45.54 of the Texas Code of Criminal Procedure whenever the circumstances warrant deferred dispositions.
(Ord. 960509-O; Am. Ord. 971002-C) |
