University of Vermont AAHS

Delaware Bicycle Helmet Statute

DELAWARE CODE
TITLE 21. MOTOR VEHICLES
PART III. OPERATION AND EQUIPMENT
CHAPTER 41. RULES OF THE ROAD
SUBCHAPTER XII. OPERATION OF BICYCLES AND OTHER HUMAN-POWERED VEHICLES

 

4198L Helmet requirements.

(a) A person under 16 years of age shall not operate, ride upon or ride as a passenger any bicycle, unless that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standard of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard or subsequent standard) or the Snell Memorial Foundation's 1984 Standard (or subsequent standard) for Protective Headgear for Use in Bicycling. This requirement shall apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle.

(b) Any guardian who fails to cause that guardian's child to wear a bicycle helmet, as provided herein, shall be fined for the 1st offense $25, and for each subsequent offense, $50.

(c) The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased or obtained a bicycle helmet which meets or exceeds the standards set forth herein subsequent to the violation.

(d) The requirements of this section shall apply at all times while a bicycle is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes.

(e) Failure to wear a bicycle helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under 16 years of age is injured, nor shall failure to wear a bicycle helmet be admissible as evidence in the trial of any civil action.

 


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