§ 1265. Wearing of helmets. 1. No person less than eighteen years of
age shall ride a horse unless such person is wearing a helmet meeting or
exceeding ASTM F1163 (Safety Equipment Institute certified) Equestrian
Standard. For purposes of this section, "certified" shall mean that the
helmet's manufacturer agrees to the rules and provisions of a system
that includes independent testing and quality control audits, and that
each helmet manufactured by such manufacturer is permanently marked with
the certifying body's registered mark or logo before such helmet is sold
or offered for sale. For the purposes of this section, wearing a helmet
means having a helmet fastened securely upon the head using the
manufacturer's fitting guidelines for the particular model used.

2. Any person who violates the provisions of this section shall pay a
civil fine not to exceed two hundred fifty dollars. A police officer
shall only issue a summons for a violation of this section by a person
less than 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 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 eighteen years
of age.

3. (a) The court shall waive any civil fine for which a person who
violates the provisions 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.

(b) The court may waive any civil fine for which a person who violates
the provisions of the section would be liable if the court finds that
due to reasons of economic hardship such person was unable to purchase a
helmet.

4. The failure of any person to comply with the provisions of this
section shall not constitute contributory 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.