S T A T E O F N E W Y O R K
________________________________________________________________________
4329
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
___________
Introduced by M. of A. MAGNARELLI, DINOWITZ, PHEFFER -- Multi-Sponsored
by -- M. of A. BRENNAN, CLARK, GOTTFRIED, ROBINSON -- read once and
referred to the Committee on Tourism, Parks, Arts and Sports Develop-
ment
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-
lished by the commissioner. For the purposes of this subdivision, wear-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03267-01-1
A. 4329 2
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.