West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-11 - Motor Vehicle Equipment › Section 91-11-3 - Motorcycle Safety Equipment and Approval Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
In 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.