§ 1276. Operators to wear protective headgear. 1. No person shall ride
upon, propel or otherwise operate an electric personal assistive
mobility device unless such person is wearing a helmet meeting standards
established by the commissioner pursuant to the provisions of
subdivision two-a of section twelve hundred thirty-eight of this title.
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.

2. Any person who violates the provisions of subdivision one of this
section shall pay a civil fine not to exceed fifty dollars.

3. The court shall waive any fine for which a person who violates the
provisions of subdivision one 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 subdivision one of this
section, or 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 fine shall not apply to a second or subsequent
conviction under subdivision one of this section.

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.

5. A police officer shall only issue a summons for a violation of
subdivision one of this section by a person less than fourteen 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 older. Such
summons shall only be issued to such parent or guardian, and shall not
be issued to the person less than fourteen years of age.