Bill Text: NY A03073 | 2023-2024 | General Assembly | Amended
Bill Title: Requires persons the ages of 16 or 17 to wear a helmet when riding a class one or class two bicycle with electric assist.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-04-15 - REFERRED TO TRANSPORTATION [A03073 Detail]
Download: New_York-2023-A03073-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3073--B 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. PAULIN, FAHY -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Trans- portation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to requiring certain persons to wear a helmet when operating a class one or class two bicycle with electric assist The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1238 of the vehicle and traffic law is amended by 2 adding a new subdivision 5-d to read as follows: 3 5-d. No person sixteen or seventeen years of age shall ride upon, 4 propel or otherwise operate a class one bicycle with electric assist or 5 a class two bicycle with electric assist unless such person is wearing a 6 helmet meeting standards established by the commissioner. For the 7 purposes of this subdivision, wearing a helmet means having a properly 8 fitting helmet fixed securely on the head of such wearer with the helmet 9 straps securely fastened. 10 § 2. Subdivision 6 of section 1238 of the vehicle and traffic law, as 11 amended by section 6 of part XX of chapter 58 of the laws of 2020, is 12 amended to read as follows: 13 6. (a) Any person who violates the provisions of subdivision five, 14 five-a, five-b [or], five-c, or five-d of this section shall pay a civil 15 fine not to exceed fifty dollars. 16 (b) The court shall waive any fine for which a person who violates the 17 provisions of subdivision five [or subdivision], five-c, or five-d of 18 this section would be liable if such person supplies the court with EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03090-03-4A. 3073--B 2 1 proof that between the date of violation and the appearance date for 2 such violation such person purchased or rented a helmet. 3 (c) The court may waive any fine for which a person who violates the 4 provisions of subdivision five, five-a, five-b, [or] five-c, or five-d 5 of this section would be liable if the court finds that due to reasons 6 of economic hardship such person was unable to purchase a helmet or due 7 to such economic hardship such person was unable to obtain a helmet from 8 the statewide in-line skate and bicycle helmet distribution program, as 9 established in section two hundred six of the public health law, or a 10 local distribution program. Such waiver of a fine shall not apply to a 11 second or subsequent violation of subdivision five-c of this section. 12 § 3. This act shall take effect on the first of April next succeeding 13 the date upon which it shall have become a law. Effective immediately, 14 the addition, amendment and/or repeal of any rule or regulation neces- 15 sary for the implementation of this act on its effective date are 16 authorized to be made and completed on or before such effective date.
