S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    166
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. MAGNARELLI, DINOWITZ, PAULIN, RA -- 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, 6, paragraph (a) of subdi-
 vision 8 and subdivision 9 of section 1238 of the  vehicle  and  traffic
 law, the section heading, subdivision 6 and paragraph (a) of subdivision
 8  as  amended  by  sections 4, 6, and 7 of part XX of chapter 58 of the
 laws of 2020, respectively, 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, subdivision 5-a and  subdivision  9  as
 amended  by chapter 703 of the laws of 2004, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00302-01-3
 A. 166                              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, five-b or five-c 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, FIVE-B or subdivision five-c 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, five-b, or five-c
 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. Such waiver of a fine shall not apply  to  a
 second or subsequent violation of subdivision five-c of this section.
   (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.
   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
 A. 166                              3
 
 [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.