§ 1286. Operators to wear protective headgear. 1. No person sixteen or
seventeen years of age shall ride upon, propel or otherwise operate an
electric scooter 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
violation of 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.