Terms Used In West Virginia Code > Chapter 17C > Article 11A - Child Bicycle Safety Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bicycle: means a human-powered vehicle with wheels designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame. See West Virginia Code 17C-11A-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Operator: means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle. See West Virginia Code 17C-11A-3
• Other public right-of-way: means any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of this state or a local political subdivision thereof and is designed for use and used by vehicular or pedestrian traffic. See West Virginia Code 17C-11A-3
• Passenger: means any person who travels on a bicycle in any manner except as an operator. See West Virginia Code 17C-11A-3
• Protective bicycle helmet: means a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by the American national standards institute (ANSI) or the snell memorial foundation'. See West Virginia Code 17C-11A-3
• Public bicycle path: means a right-of-way under the jurisdiction and control of this state or a local political subdivision thereof for use primarily by bicycles and pedestrians. See West Virginia Code 17C-11A-3
• Public roadway: means a right-of-way under the jurisdiction and control of this state or a local political subdivision thereof for use primarily by motor vehicles. See West Virginia Code 17C-11A-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Tricycle: means a three-wheeled human-powered vehicle designed for use as a toy by a single child under the age of six years, the seat of which is no more than two feet from ground level. See West Virginia Code 17C-11A-3