Any person operating a moped on a public street or highway (i) shall wear an eye protective
device, as described below, at all times while operating such vehicle or (ii) shall
have the moped equipped with safety glass or a windshield. An eye protective device
means a face shield, safety glasses, or goggles of a type approved by the Superintendent.
In addition, any person operating a moped and any passengers thereon shall wear protective
helmets of a type approved by the Superintendent. The terms "Superintendent" and "moped"
have the meanings set forth in Code of Virginia, § 46.2-100. Any person who knowingly violates this section shall be guilty of a traffic
infraction and be subject to a fine of not more than fifty dollars.
A violation of this section shall not constitute negligence, be considered in mitigation
of damages of whatever nature, be admissible in evidence or be the subject of comment
by counsel in any action for the recovery of damages arising out of the operation,
ownership, or maintenance of a moped or motor vehicle, nor shall anything in this
section change any existing law, rule, or procedure pertaining to any such civil action.
(18-95-82, § 1.)
