S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   359

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. MAGNARELLI, BENJAMIN, DINOWITZ, GREENE, PHEFFER
  -- Multi-Sponsored by -- M. of A. BRENNAN, CLARK, GOTTFRIED,  ROBINSON
  -- read once and referred to the Committee on Tourism, Arts and Sports
  Development

AN  ACT  to  amend  the vehicle and traffic law, in relation to required
  protective headgear for operators of  bicycles,  skateboards,  in-line
  skates and scooters under eighteen years of age

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading, paragraphs (a) and (b) of  subdivision
5, and subdivisions 5-a, 5-b, 8 and 9 of section 1238 of the vehicle and
traffic  law,  the section heading as amended by chapter 267 of the laws
of 1993, paragraphs (a) and (b) of subdivision 5 as amended  by  chapter
457  of  the  laws of 1999, subdivisions 5-a and 9 as amended by chapter
703 of the laws of 2004, subdivision 5-b as added by chapter 402 of  the
laws of 2001, and subdivision 8 as amended by chapter 694 of the laws of
1995, are amended and a new subdivision 11 is added to read as follows:
  Passengers  on  bicycles  under one year of age prohibited; passengers
and operators under [fourteen] EIGHTEEN years of age to wear  protective
headgear.
  (a)  No  person  operating a bicycle shall allow a person five or more
years of age and less than [fourteen] EIGHTEEN years of age to ride as a
passenger on a bicycle unless such passenger is wearing a helmet meeting
standards established by the commissioner.
  (b) No person, one or more years of age and less than [fourteen] EIGH-
TEEN years of age, shall operate a bicycle unless such person is wearing
a helmet meeting standards established by the commissioner.
  5-a. No person, one or more years of  age  and  less  than  [fourteen]
EIGHTEEN years of age, shall skate or glide on in-line skates or a skate
board  unless  such  person is wearing a helmet meeting standards estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00512-01-9

A. 359                              2

lished by the commissioner. For the purposes of this subdivision,  wear-
ing  a helmet means having a helmet of good fit fastened securely on the
head of such wearer with the helmet straps securely fastened.
  5-b.  No  person less than [fourteen] EIGHTEEN years of age shall ride
upon, propel or otherwise operate a two-wheeled vehicle commonly  called
a  scooter  unless  such  person  is  wearing a helmet meeting standards
established by the commissioner. As used in this subdivision, wearing  a
helmet means having a properly fitting helmet fixed securely on the head
of such wearer with the helmet straps securely fastened.
  8.  A  police  officer  shall  only issue a summons for a violation of
subdivision two, five, or five-a of this section by a person  less  than
[fourteen]  EIGHTEEN  years  of  age  to  the parent or guardian of such
person if the violation by such person occurs in the  presence  of  such
person's  parent  or guardian and where such parent or guardian is eigh-
teen years of age or more. Such summons shall only  be  issued  to  such
parent  or  guardian,  and  shall  not be issued to the person less than
[fourteen] EIGHTEEN years of age.
  9. Subdivisions five, five-a, five-b, and six of  this  section  shall
not  be applicable to any county, city, town or village that has enacted
a local law or ordinance prior to the effective date of this subdivision
that prohibits a person who is one or more years of age  and  less  than
[fourteen]  EIGHTEEN years of age from operating a bicycle or skating or
gliding on in-line skates or a skate board  without  wearing  a  bicycle
helmet  meeting  the standards of the American National Standards Insti-
tute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial  Founda-
tion's  Standards  for  Protective Headgear for use in Bicycling, or the
American Society of Testing and Materials (ASTM) bike helmet  standards,
or  that  prohibits  a person operating a bicycle from allowing a person
five or more years of age and less than [fourteen] EIGHTEEN years of age
to ride as a passenger on a bicycle unless such passenger is  wearing  a
bicycle  helmet  that meets such standards. The failure of any person to
comply with any such local law or ordinance shall not constitute contri-
butory negligence or assumption of risk, and shall not in any  way  bar,
preclude or foreclose an action for personal injury or wrongful death by
or  on  behalf  of  such  person,  nor in any way diminish or reduce the
damages recoverable in any such action. The legislative body of a  coun-
ty,  city,  town  or  village  may  enact  a local law or ordinance that
prohibits a person who is [fourteen] EIGHTEEN or more years of age  from
skating  or gliding on in-line skates, operating a skate board, or oper-
ating or riding as a passenger on a bicycle without  wearing  a  bicycle
helmet.
  11.  THE  COURT  SHALL  WAIVE  ANY  CIVIL  FINE FOR WHICH A PERSON WHO
VIOLATES THE PROVISIONS OF THIS SECTION WOULD BE LIABLE IF SUCH PERSON:
  (A) SUPPLIES THE COURT  WITH  PROOF  THAT  BETWEEN  THE  DATE  OF  THE
VIOLATION  AND  THE  APPEARANCE  DATE  FOR  SUCH  VIOLATION  SUCH PERSON
PURCHASED A HELMET; OR
  (B) IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC  HARDSHIP  SUCH
PERSON WAS UNABLE TO PURCHASE A HELMET.
  S 2. This act shall take effect immediately.