S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1821--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, DINOWITZ -- Multi-Sponsored by -- M.
   of A.  GOTTFRIED -- read once and referred to the Committee on  Trans-
   portation  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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, subdivision 4, paragraphs (a) and (b)
 of subdivision 5, and subdivisions 5-a, 5-b, 6, 8 and 9 of section  1238
 of the vehicle and traffic law, the section heading and subdivision 4 as
 amended  and  subdivision 6 as added 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, subdivision 5-a, paragraph (c) of subdivision 6 and subdi-
 vision 9 as amended by chapter 703 of the laws of 2004, subdivision  5-b
 and paragraph (a) of subdivision 6 as amended by chapter 402 of the laws
 of  2001,  and  subdivision  8  as amended by chapter 694 of the laws of
 1995, are amended 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.
   4. The court shall waive any fine for which a person who violates  the
 provisions  of paragraph (a) of subdivision two of this section would be
 liable if such person supplies the court with  proof  that  between  the
 date of violation and the appearance date for such violation such person
 purchased  or rented a helmet, which meets the requirements of paragraph
 (a) of subdivision two of this section. Further, the court  shall  waive
 any fine for which a person who violates the provisions of paragraph (b)
 of  subdivision  two  of  this  section  would  be liable if such person
 supplies the court with proof that between the date of violation and the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01878-02-9

 A. 1821--A                          2
 
 appearance date for such violation such person  purchased  or  rented  a
 seat which meets the requirements of paragraph (b) of subdivision two of
 this  section.  The  court [may] SHALL waive any fine for which a person
 who  violates the provisions of subdivision two of this section would be
 liable if the court finds that due to reasons of economic hardship  such
 person  was  unable  to  purchase  a helmet or seat. Such waiver of fine
 shall not apply to a second or subsequent conviction under paragraph (a)
 or (b) of subdivision two of this section.
   (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-
 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.
   6.  (a)  Any  person  who violates the provisions of subdivision five,
 five-a or five-b of this section shall pay a civil fine  not  to  exceed
 fifty dollars.
   (b) The court shall waive any fine for which a person who violates the
 provisions  of subdivision five, FIVE-A, OR FIVE-B of this section would
 be liable if such person supplies the court with proof that between  the
 date of violation and the appearance date for such violation such person
 purchased or rented a helmet.
   (c)  The  court  [may]  SHALL  waive  any  fine for which a person who
 violates the provisions of subdivision five, five-a, or five-b  of  this
 section  would  be  liable  if  the  court  finds that due to reasons of
 economic hardship such person was unable to purchase a helmet or due  to
 such  economic  hardship  such person was unable to obtain a helmet from
 the statewide in-line skate and bicycle helmet distribution program,  as
 established  in  section  two hundred six of the public health law, or a
 local distribution program.
   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

 A. 1821--A                          3
 
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.