Title of Regulation: 19VAC30-200. Approved Helmets for All-Terrain Vehicles and Mopeds (adding 19VAC30-200-10).

Statutory Authority: §§ 46.2-915.1, 46.2-915.2, and 46.2-1005 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comments: Public comments may be submitted until 5 p.m. on March 18, 2009.

Effective Date: April 2, 2009.

Agency Contact: Lt. Colonel Robert Kemmler, Regulatory Coordinator, Department of State Police, Bureau of Administrative and Support Services, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, FAX (804) 674-2234, or email robert.kemmler@vsp.virginia.gov.

Basis: Section 46.2-915.1 of the Code of Virginia provides that no all-terrain vehicle shall be operated by any person unless he is wearing a protective helmet of a type approved by the Superintendent of State Police for use by motorcycle operators.

Section 46.2-915.2 of the Code of Virginia provides that the governing body of any county, city, or town may, by ordinance, provide that every person operating a moped, as defined in § 46.2-100, on a public street or highway wear protective helmets of a type approved by the Superintendent.

Section 46.2-1005 of the Code of Virginia authorizes the Superintendent to establish a procedure for the approval of equipment required to be approved by him.

Purpose: The purpose of this rulemaking is to set the specifications for helmets approved for use by operators of all-terrain vehicles as required in § 46.2-915.1 of the Code of Virginia and, when required by local ordinance, operators of mopeds as required in § 46.2-915.2 of the Code of Virginia. The regulations are intended to ensure that helmets worn by citizens meet uniform, minimum safety standards.

Rationale for Using Fast-Track Process: The proposed regulation is noncontroversial and reflects the requirements set forth by the Code of Virginia.

Substance: A new regulatory chapter will set the requirements for a helmet to be deemed approved. No specific manufacturer or model will be designated. Approved helmets will be required to meet the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation.

Issues: This is a statutory mandate to ensure that helmets worn by citizens meet uniform, minimum, recognized safety standards. In reviewing the proposed regulation the department determined that it relates to a vital public safety matter, adoption was mandated by statute, and the regulation does not pose any known disadvantages to the public or the Commonwealth.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to § 46.2-915.1 of the Code of Virginia, the Department of Virginia State Police proposes to promulgate a regulation that sets standards for helmets approved for operators of all-terrain vehicles and mopeds.

Result of Analysis. The benefits likely exceed the costs for this proposed regulation.

Estimated Economic Impact. Currently, the Code of Virginia requires that individuals operating all-terrain vehicles and mopeds wear protective helmets of a type approved by the Superintendent of the Virginia State Police. This proposed regulation will instantiate standards for this approval. The State Police propose to require that all helmets worn by operators of mopeds or all-terrain vehicles meet or exceed the standards set by 1) the Snell Foundation, 2) the American Standards Institute, Inc., or 3) the federal Department of Transportation. In general, these groups set performance-based standards (the amount of impact energy a helmet must be able to absorb, that helmets must stay on in variety of crash conditions, etc.) which will allow wide producer participation in the helmet market.

Since there is a statutory requirement to buy and wear a helmet when operating a moped or all-terrain vehicle, the costs and benefits of that requirement cannot fairly be attributed to this proposed regulation. Indeed, it is unlikely that any affected entities will incur costs on account of this proposed regulation. Affected entities will, however, benefit from the approval standards required in § 46.2-915.1 being set out clearly in regulation. Affected entities will also benefit from the fact that approval standards are performance based as this will allow all willing producers to participate in the market and will, consequently, tend to keep the price of helmets lower.

Businesses and Entities Affected. This proposed regulation will affect all individuals who operate mopeds or all-terrain vehicles in the Commonwealth.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of State Police (VSP) has reviewed the economic impact analysis (EIA) prepared by the Department of Planning and Budget (DPB) and determined that the EIA as submitted appears to be substantially accurate.

Summary:

The proposed regulation sets forth the specifications for helmets approved for use by operators of all-terrain vehicles as required in § 46.2-915.1 of the Code of Virginia and, when required by local ordinance, operators of mopeds as required in § 46.2-915.2 of the Code of Virginia.

CHAPTER 200
APPROVED HELMETS FOR ALL-TERRAIN VEHICLES AND MOPEDS

19VAC30-200-10. Approved helmets for all-terrain vehicles and mopeds.

A. Helmets approved for wear by individuals operating or riding an all-terrain vehicle are those that meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation.

B. Helmets approved for wear by individuals operating or riding a moped in a jurisdiction that has adopted an ordinance pursuant to § 46.2-915.2 of the Code of Virginia are those that meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation.