S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8251
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  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 as amended by section 4
 and    subdivision 8 as amended by section 7 of part XX of chapter 58 of
 the laws of 2020, 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, subdivisions 5-a and 9 as amended by chapter 703 of
 the  laws  of  2004,  and subdivision 5-b as added by chapter 402 of the
 laws of 2001, 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; operators of class three bicycles with electric assist 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06110-01-1

 A. 8251                             2
 
 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.
   8.  (a) 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.
   (b) A police officer shall only issue a summons  for  a  violation  of
 subdivision five-c of this section by a person less than [sixteen] EIGH-
 TEEN  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 eighteen 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 [sixteen] 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-

 A. 8251                             3
 
 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.