Bicycle Helmets Regulation

Bicycle Helmets Regulation, M.R. 39/2013 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 39/2013 Registered March 27, 2013 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Which protective helmets are suitable for cycling? 2.1 Helmets complying with formerly prescribed standards 3 When is a protective helmet not required? 4 First offences — alternative disposition 4.1 Standards for helmets for persons on power-assisted bicycles 4.2 Helmets complying with formerly prescribed standards 5 Coming into force Definitions 1 In this regulation, "Act" means The Highway Traffic Act . PART 1 CYCLING HELMETS Which protective helmets are suitable for cycling? 2(1) For the purpose of section 145.0.1 of the Act, a protective helmet is not suitable for cycling use unless it is free of damage that or modification that would reduce its effectiveness or be a danger to the wearer or another person and it complies with (a) [repealed] M.R. 10/2017 ; (b) Snell Memorial Foundation standard B-95, 1998 revision, 1995 Standard for Protective Headgear for Use with Bicycles , as amended by Snell Memorial Foundation standard B-95A, 1998 Addendum to the 1995 Standard for Protective Headgear for Use with Bicycles and to the 1994 Standard for Protective Headgear for Use in Non-Motorized Sports , and standard B-90/95C, 1998 Addendum to Standards for Protective Headgear for Children Four Years of Age and Younger for Use in Bicycling ; (c) Snell Memorial Foundation standard B-90A, 1998 Augmentation to the 1990 Standard for Protective Headgear for Use in Bicycling , as amended by Snell Memorial Foundation standard B-90/95C, 1998 Addendum to Standards for Protective Headgear for Children Four Years of Age and Younger for Use in Bicycling ; (d) [repealed] M.R. 10/2017 ; (e) [repealed] M.R. 10/2017 ; (f) American Society for Testing and Materials standard ASTM F1447-12, Standard Specification for Helmets Used in Recreational Bicycling or Roller Skating , with the helmet's compliance having been determined in compliance with American Society for Testing and Materials standard ASTM F1446-15b, Standard Test Methods for Equipment and Procedures Used in Evaluating the Performance Characteristics of Protective Headgear ; (g) United States of America, Code of Federal Regulations, Title 16, Part 1203, Safety Standard for Bicycle Helmets ; (h) European Committee for Standardization standard EN 1078:2012, Helmets for Pedal Cyclists and for Users of Skateboards and Roller Skates ; (i) Standards Australia/Standards New Zealand standard AS/NZS 2063:2008, Bicycle Helmets ; or (j) a standard for protective helmets that provides for helmets that are of comparable protective quality to any of the above standards. 2(2) For the purpose of subsection (1), the standards listed in clauses (1)⁠(a) to (i) are adopted as amended from time to time, and a protective helmet may comply with any of those standards as originally published or as amended. M.R. 10/2017 Helmets complying with formerly prescribed standards 2.1(1) In this section, "formerly prescribed standard" means a standard prescribed by this regulation as it read immediately before the coming into force of this section. 2.1(2) Despite section 2, a person who is required by section 145.0.1 of the Act to wear a protective helmet may wear a helmet that complies with a formerly prescribed standard if, when this section came into force, the person owned the helmet or it was owned by one of the following: (a) a parent or guardian of the person; (b) the bicycle's driver if the driver is someone other than the person; (c) the bicycle's owner if the owner is someone other than the person. M.R. 10/2017 When is a protective helmet not required? 3(1) Subsection 145.0.1(1) does not apply to a person if wearing a protective helmet is contrary to a bona fide obligation of the religious faith to which the person subscribes. 3(2) Subsection 145.0.1(2) does not apply to a child's parent or guardian if wearing a protective helmet is contrary to a bona fide obligation of the religious faith to which the child subscribes. 3(3) Subsection 145.0.1(3) does not apply to a bicycle's driver if wearing a protective helmet is contrary to a bona fide obligation of the religious faith to which the child passenger subscribes. First offences — alternative disposition 4(1) When a person is given a ticket, as defined in The Provincial Offences Act , in respect of the person's first contravention of section 145.0.1 of the Act, the person must, in accordance with subsections (2), (3), (5) and (6), participate in and complete the Manitoba Bike Helmet Safety Course to be eligible to have the prosecution of the offence dismissed under clause 145.0.1(7)⁠(b) of the Act. 4(2) To be eligible to have the prosecution of the offence dismissed under clause 145.0.1(7)⁠(b) of the Act, the person charged with the offence must complete the Manitoba Bike Helmet Safety Course on or before the final response date shown on the ticket for the offence. 4(3) The Manitoba Bike Helmet Safety Course is available in two versions as follows: (a) an online version may be accessed at www.bikehelmetcourse.ca; (b) a paper-based version may be accessed by telephoning 1-866-788-3648 and asking for a copy to be mailed. 4(4) A person who is required to participate in the Manitoba Bike Helmet Safety Course is encouraged to access the online version of the course unless the person does not have access to a computer with an internet connection. 4(5) The online version of the Manitoba Bike Helmet Safety Course is to be completed as follows: 1. The participant is to provide online answers to a preliminary questionnaire about bicycle helmet safety. 2. After completing the preliminary questionnaire, the participant is to view a brief online video about bicycle helmet safety. 3. After viewing the video, the participant is to provide online answers to a final questionnaire about bicycle helmets. 4. The participant must then enter — in an online course completion form — the following information from the participant's ticket, as specified on the Manitoba Bike Helmet Safety Course web page, in order to identify which ticket is to be dealt with by alternative disposition: (a) the participant's name and address as shown on the ticket; (b) the number of the ticket; (c) the date the offence occurred; (d) the final response date shown on the ticket. 5. The participant must then follow the instructions on that web page to have the course completion form electronically delivered to the Provincial Court of Manitoba to be processed for the purpose of subsection 145.0.1(7) of the Act. 4(6) The paper-based version of the Manitoba Bike Helmet Safety Course is to be completed as follows: 1. The participant is to read introductory text about bicycle helmet safety and the text of script of the online video. 2. The participant is then to provide answers to a written multiple-choice questionnaire about bicycle helmets. 3. The participant must then complete a written course completion form by providing the following information from the participant's ticket, as specified in the paper-based course materials, in order to identify which ticket is to be dealt with by alternative disposition: (a) the participant's name and address as shown on the ticket; (b) the number of the ticket; (c) the date the offence occurred; (d) the final response date shown on the ticket; (e) the date on which the participant completed the form. 4. The participant must then follow the instructions set out in the paper-based course materials to mail the completed questionnaire and course completion form to Manitoba Health, Seniors and Active Living. 4(7) After receiving from a participant the participant's completed questionnaire and course completion form, Manitoba Health, Seniors and Active Living will complete an online course completion form for the participant and electronically deliver it to the Provincial Court of Manitoba to be processed for the purpose of subsection 145.0.1(7) of the Act. 4(8) Despite subsection (2), participants should complete the Manitoba Bike Helmet Safety Course and mail or electronically deliver their completed course materials before the final response date shown on the ticket to avoid problems with processing their submissions. M.R. 100/2017 PART 2 HELMETS FOR PERSONS ON POWER-ASSISTED BICYCLES Standards for helmets for persons on power-assisted bicycles 4.1 Without limiting the application of subsection 145(4) of the Act, a person must not ride on or operate a power-assisted bicycle on a highway or bicycle facility unless the person is wearing a protective helmet that complies with a standard or regulation referred to in section 2 of this regulation. Helmets complying with formerly prescribed standards 4.2(1) In this section, "formerly prescribed standards" means the standards prescribed by this regulation as it read immediately before the coming into force of this section. 4.2(2) Despite section 4.1, a person riding on or operating a power-assisted bicycle on a highway or bicycle facility may wear a protective helmet that complies with a formerly prescribed standard if, when this section came into force, the person owned the helmet or it was owned by one of the following: (a) a parent or guardian of the person if the person is a child; (b) the power-assisted bicycle's operator if the operator is someone other than the person; (c) the power-assisted bicycle's owner if the owner is someone other than the person. M.R. 10/2017 PART 3 COMING INTO FORCE Coming into force 5 This regulation comes into force on the same day that The Highway Traffic Amendment and Summary Convictions Amendment Act (Bicycle Helmets) , S.M. 2012, c. 39, comes into force.