S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8822
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Transportation
 
 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, 8 and 9 of section 1238 of
 the vehicle and traffic law, the section heading and  subdivision  4  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,  subdivi-
 sions  5-a and 9 as amended by chapter 703 of the laws of 2004, subdivi-
 sion 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 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
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13498-02-9

 A. 8822                             2
 
 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.
   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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.