Protective Helmets Board Authority and Requirement to Update Fairfax County Code 82-6-38.1

1. Protective Helmets:
BOARD AUTHORITY AND REQUIREMENT TO
UPDATE FAIRFAX COUNTY CODE § 82-6-38.1
OFFICE OF THE COUNTY ATTORNEY

2. Current Authority
Virginia Code § 46.2-906.1 authorizes the Board to
require persons under the age of 14 to wear protective
helmets, meeting at least the standards of the
Consumer Product Safety Commission, while riding or
being carried on
(a)4 different types of vehicles, in
(b) 3 locations.
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3. Types of Vehicles
 Bicycle
 Electric Power-Assisted Bicycle
 Toy Vehicle
 Electric Personal Assistive Mobility Device
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4. Types of Vehicles:
BICYCLE
“[A] device propelled solely by human power, upon
which a person may ride either on or astride a regular
seat attached thereto, having two or more wheels in
tandem, including children's bicycles, except a toy
vehicle intended for use by young children.”
Va. Code Ann. § 46.2-100
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5. Types of Vehicles:
BICYCLE
Note
The County Code already requires bicycle riders
under the age of 15 to wear helmets.
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6. Types of Vehicles:
ELECTRIC POWER-ASSISTED BICYCLE
“[A] vehicle that travels on not more than three wheels in
contact with the ground and is equipped with (i) pedals that
allow propulsion by human power and (ii) an electric motor
with an input of no more than 1,000 watts that reduces the
pedal effort required of the rider.”
Va. Code Ann. §46.2-100
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7. Types of Vehicles:
TOY VEHICLE
“Any motorized or propellant-driven device that has no manufacturer-
issued vehicle identification number that is designed or used to carry any
person or persons, on any number of wheels, bearings, glides, blades,
runners, or a cushion of air. ‘Toy vehicle’ does not include electric
personal assistive mobility devices, electric power-assisted bicycles,
mopeds, or motorcycles, nor does it include any nonmotorized or
nonpropellant-driven devices such as bicycles, roller skates, or
skateboards.”
Va. Code Ann. § 46.2-100
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8. Types of Vehicles:
TOY VEHICLE
Includes
 Toy Cars
 Hoverboards
 Motorized Scooters
 Self-balancing Skateboards and Scooters
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9. Types of Vehicles:
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
“[A] self-balancing two-nontandem-wheeled device that is
designed to transport only one person and powered by an
electric propulsion system that limits the device's maximum
speed to 15 miles per hour or less.”
Va. Code Ann. § 46.2-100
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10. Types of Vehicles:
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE
Includes
 Segways
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11. Three Locations
 Highway
 Sidewalk
 Public Bicycle Path
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12. Three Locations:
HIGHWAY
“[T]he entire width between the boundary lines of every way or place open
to the use of the public for purposes of vehicular travel in the
Commonwealth, including the streets and alleys, and, for law-enforcement
purposes, (i) the entire width between the boundary lines of all private roads
or private streets that have been specifically designated ‘highways’ by an
ordinance adopted by the governing body of the county, city, or town in
which such private roads or streets are located and (ii) the entire width
between the boundary lines of every way or place used for purposes of
vehicular travel on any property owned, leased, or controlled by the United
States government and located in the Commonwealth.”
Va. Code Ann. § 46.2-100.
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13. Three Locations:
SIDEWALK
“[T]he portion of a street between the curb
lines, or the lateral lines of a roadway, and the
adjacent property lines, intended for use by
pedestrians.”
Va. Code Ann. § 46.2-100
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14. Three Locations:
PUBLIC BICYCLE PATH
Not defined in Va. Code Ann. § 46.2-100, or
elsewhere in Virginia Code. Words not defined
are given their usual meaning. See Higgs v.
Kirkbridge, 258 Va. 567, 574, 522 S.E.2d 861, 864
(1999).
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15. Required Update
Issue: Reference in Fairfax County Code Section 82-6-
38.1 to the standards organization (for helmet
standard) is out of date.
Proposed Correction: Change “American National
Standards Institute or the Snell Memorial Foundation”
to the “Consumer Products Safety Commission.”
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16. Proposed Legislation
 Currently pending, HB 1360, regulating helmet use of persons
under age 18, would eliminate the Board’s authority to regulate
helmet use while riding being carried on a bicycle or an electric
power-assisted bicycle.
 The Board would keep the authority to require helmets for
persons under age 15 while riding a toy vehicle or an electric
personal assistive mobility device in any of the three locations.
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