Bill Text: DE SB225 | 2011-2012 | 146th General Assembly | Draft

Delaware Senate Bill 225 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Helmets For Horseback Riders.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2012-06-30 - Defeated by House of Representatives. Votes: Defeated 24 YES 16 NO 0 NOT VOTING 1 ABSENT 0 VACANT [SB225 Detail]

Download: Delaware-2011-SB225-Draft.html

SPONSOR:

Sen. McDowell & Rep. Brady

Sens. Simpson, Venables, Ennis, Bunting, Cloutier, Connor & Sorenson;

Reps. Bennett, Heffernan, Hudson, Mitchell & Blakey

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE BILL NO. 225

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO HELMETS FOR HORSEBACK RIDERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend the Title to Subchapter XII Title 21 of the Delaware Code by making insertions as shown by underlying and deletions as shown by strike through as follows:

Subchapter XII. Operation of Bicycles and Other Human-Powered Vehicles; Operation of Electric Personal Assistive Mobility Devices; Horseback Riders Helmet Requirement

Section 2. Amend �4198K Title 29 of the Delaware Code by making insertions as shown by underlying and deletions as shown by strike through as follows:

§4198K. Helmet requirements for bicycles.

Section 3. Amend the Subchapter XII Title 21 of the Delaware Code by making insertions as shown by underlying and deletions as shown by strike through as follows:

�4198P Helmet requirement for horseback riders.

(a)A person under 18 years of age shall not ride a horse or pony, either as the primary rider or as a passenger upon any horse or pony unless that person is wearing an American Society for Testing and Materials/Safety Equipment Institute ("ASTM/SEI") properly fitted and fastened certified riding helmet.

(b)Any parent or guardian who fails to cause the parent's or guardian's child to wear an ASTM/SEI certified riding helmet shall be fined for the 1st offense $25, and for each subsequent offense, $50.

(c)The Court may dismiss all charges pursuant to this section upon presentation of evidence that a violator hereof has purchased or obtained an ASTM/SEI certified riding helmet subsequent to the violation.

(d)The requirements of this section shall apply at all times while a horse or pony is being ridden on:

(1) A public roadway, right-of-way, or an area immediately adjacent to a public roadway or right-of-way for vehicular or pedestrian use;

(2) A public equestrian trail, public recreational trail, public park or preserve, or public school site;

(3) Any other publicly owned or controlled property; or

(4) In a public parade or speed event.

(e)Failure to wear a ASTM/SEI helmet as herein described shall not be considered evidence of either comparative or contributory negligence in any civil suit arising out of any accident in which a person under 18 years of age is injured, nor shall failure to wear a bicycle helmet be admissible as evidence in the trial of any civil action.

SYNOPSIS

Head injuries are the most common cause of death for people who ride horses or ponies according to the American Medical Equestrian Association. This bill requires persons less than 18 years of age to wear a certified riding helmet.The law is written similarly to the mandatory bicycle helmet law.Several states have adopted such a requirement to encourage safe horseback riding for our youth. It is the intent of the Legislature to further promote the safety, health, and welfare of children younger than 18 years of age who engage in equestrian activities and recreation in this state by enacting safety standards to minimize the number of serious of fatal head injuries sustained by children during equestrian activities and recreation.

Author: Sen. McDowell