NY State Senate Bill 2009-S2403

Senate Bill S2403

2009-2010 Legislative Session

Provides that motorcyclists under the age of twenty-one shall wear protective helmets of a type approved by the commissioner when operating or riding a motorcycle

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Feb 19, 2009	referred to transportation

2009-S2403 (ACTIVE) - Details

See Assembly Version of this Bill:: A4541
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §381, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2974, A5364
2013-2014: S1900, A6316
2015-2016: S2381, A3241
2017-2018: S6055, A218
2019-2020: A6895

2009-S2403 (ACTIVE) - Summary

Exempts motorcyclists over the age of twenty-one from the requirement of wearing protective helmets of a type approved by the commissioner of motor vehicles when operating or riding a motorcycle.

2009-S2403 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2403

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to requiring
certain motorcyclists to wear protective helmets

 PURPOSE :
This bill exempts those 21 years and over from being forced to wear
helmets while operating motorcycles.

 SUMMARY OF PROVISIONS :
Subdivision 6 of § 381 of the Vehicle and Traffic Law is amended.

 JUSTIFICATION :
The "Federal Aid Highway Act of 1975" abolished the power of the
Department of Transportation to withhold highway safety funds for
noncompliance with mandatory helmet laws. Since then, twenty-seven
states now have optional helmet laws for adults. Included in this
number are such neighboring states as Connecticut, Rhode Island,
Delaware, New Hampshire, Maine, and Ohio, making New York's law
inconsistent with regional policy.

A survey of 1995 data shows comprehensive mandatory helmet laws  DO
NOT  result in lower fatality rates. In fact, statistics show a higher
frequency of fatalities among riders in states with mandatory helmet
laws- (1 in 1574 registered motorcycles) as compared to states that

have optional laws for adult riders (1 in 1867 registered
motorcycles).

These numbers support other studies, one done using 1993 statistics
which showed fatalities per 100 motorcycle accidents in mandatory
helmet states to be 2.98 as compared to voluntary helmet states, 2.90.

Helmets are an unnatural weight upon the head of the rider and
radically increase cranial temperatures.  Helmets severely restrict
peripheral vision and significantly reduce hearing. No helmet,
regardless of cost or design, is capable of resisting impact stresses
above 13 m.p.h., as Federal Department of Transportation testing has
evidenced, and, in lateral skids, helmets deteriorated at 1 1/2 m.p.h.

Thus, taking into account that survey result the choice of when and
where to wear the helmet would best be left up to the person operating
the motorcycle, as is the case in the several other states.

 LEGISLATIVE HISTORY :
S.1953 of 2005/2006
S.2836 of 2007/2008

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect on the 45th day after it shall have become
a law.

2009-S2403 (ACTIVE) - Bill Text download pdf

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

                                  2403

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  certain motorcyclists to wear protective helmets

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

  Section 1. Subdivision 6 of section 381 of  the  vehicle  and  traffic
law,  as  amended by chapter 471 of the laws of 1994, is amended to read
as follows:
  6. It shall be unlawful for any person UNDER THE AGE OF TWENTY-ONE  to
operate  or  ride  upon a motorcycle unless he OR SHE wears a protective
helmet of a type which meets  the  requirements  set  forth  in  section
571.218  of  the federal motor vehicle safety standards as may from time
to time be amended.  The commissioner is hereby authorized and  directed
to  adopt regulations for helmets which are consistent with the require-
ments as specified in section 571.218 of the federal motor vehicle safe-
ty standards as may from time to time be amended. The police authorities
of a city, town or village may  issue  a  permit  exempting  members  of
organizations  sponsoring  or conducting parades or other public exhibi-
tions from the provisions of this subdivision  while  such  members  are
participating in such parades or other public exhibitions.
  S  2. This act shall take effect on the forty-fifth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00671-01-9

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