NY State Senate Bill 2025-S3327

Senate Bill S3327

2025-2026 Legislative Session

Requires operators of bicycles, skateboards and in-line skates who are under 18 years of age to wear protective headgear

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2025	referred to transportation

2025-S3327 (ACTIVE) - Details

See Assembly Version of this Bill:: A242
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1238, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A359
2011-2012: A4329
2013-2014: A473
2015-2016: A1392
2017-2018: A689
2019-2020: S6655, A1821
2021-2022: S1892, A1348
2023-2024: S2785, A166

2025-S3327 (ACTIVE) - Summary

Requires operators of bicycles, skateboards, inline skates and scooters who are under eighteen years of age to wear protective headgear; increases the age requirement from fourteen years to eighteen years.

2025-S3327 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3327

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To require all persons under eighteen years of age to wear protective
headgear while operating bicycles, skateboards, in-line skates, or
scooters. Current law requires that all persons under fourteen wear such
headgear.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 1238 of the vehicle and traffic law by chang-
ing the age up to which all passengers and operators of bicycles, skate-
boards, in-line skates, or scooters are required to wear protective
headgear from fourteen years to eighteen years.

Section 2: Sets effective date

 
JUSTIFICATION:

Data from the NYS Department of Health showed that, from 1990-1992, New
Yorkers aged 15 to 19 had more than twice as high a rate of hospitaliza-
tion due to bicycle injuries than those aged 20 to 24. The rates were
about five times higher for males than for females.

In 2004, the Safe Kids Campaign reported that bicycle riders without
helmets are 14 times more likely to be involved in a fatal crash than
riders wearing helmets. Head injuries are the cause of over 60 percent
of bicycle-related deaths, two-thirds of bicycle-related hospital admis-
sions, and one-third of hospital emergency room visits for bicycling
injuries. Every dollar spent on a safety helmet is estimated to save
society $30 dollars in both direct medical and other societal costs.

The National Safe Kids Campaign reported in 2002 that helmet use reduces
the risk of brain injury by up to 88%. A 2002 study published in Injury
Prevention demonstrated that state helmet laws increase helmet usage by
almost 2096. To protect the health and safety of our younger citizens, I
am introducing this legislation to increase the age requirement for
helmet usage in New York State to 18 years of age.  Several counties
already require helmet usage above the age of fourteen, and the state
should follow suit.

 
LEGISLATIVE HISTORY:

Senate

2019: S6655, Referred to Rules

2020: S6655, Referred to Transportation

2021: S1892, Referred to Transportation

2022: S1892, Referred to Transportation

2023: S2785A, Amend and Recommit to Transportation

2024: S2785A, Referred to Transportation

Assembly

2019: A8822, Referred to Rules

2020: A8822, Referred to Transportation

2021: A8251, Referred to Transportation

2022: A8251, Referred to Transportation

2023: A166,  Referred to Transportation

2024: A166, Referred to Transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2025-S3327 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3327
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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
 appearance  date  for  such  violation such person purchased or rented a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00809-01-5

 S. 3327                             2
 
 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
 [fourteen] EIGHTEEN years of age from operating a bicycle or skating  or
 S. 3327                             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.

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