Bill Text: NJ S1117 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires scooter riders under 17 years old to wear helmets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-23 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1117 Detail]
Download: New_Jersey-2012-S1117-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires scooter riders under 17 years old to wear helmets.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning scooter safety and amending P.L.1997, c.411, P.L.1998, c.36 and P.L.1991, c.465.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1997, c.411 (C.39:4-10.5) is amended to read as follows:
1. a. As used in this act:
"Director" means the Director of Consumer Affairs in the Department of Law and Public Safety.
"Roller skates" means a pair of devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels, and used to glide or propel the user over the ground.
"Scooter" means a device propelled by muscular power which consists of a footboard between the end wheels and containing a handle used for purposes including, but not limited to, balancing, directing or guiding oneself while operating the scooter.
b. A person under 17 years of age shall not operate any roller skates [or] , skateboard or scooter unless that person is wearing a properly fitted and fastened helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard), the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling, the American Society for Testing and Materials (ASTM) standard or other such standard, as appropriate.
c. The requirement in subsection b. of this section shall apply at all times while a person subject to the provisions of [this act] P.L.1997, c.411 (C.39:4-10.5 et seq.) is operating roller skates [or] , skateboarding or operating a scooter on any property open to the public or used by the public for roller skating [or] , skateboarding or riding a scooter.
(cf: P.L.2005, c.208, s.3)
2. Section 2 of P.L.1997, c.411 (C.39:4-10.6) is amended to read as follows:
2. a. A person who violates the provisions of section 1 of [this act] P.L.1997, c.411 (C.39:4-10.5) by failing to wear an approved helmet shall be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined a maximum of $25 for a first offense and a maximum of $100 for a subsequent offense. The penalties provided under the provisions of this subsection for failing to wear an approved helmet may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet or appropriate personal protection equipment has been purchased since the violation occurred.
b. All moneys collected as fines under subsection a. of this section shall be deposited in the "Bicycle [and], Skating and Scooter Safety Fund" pursuant to section 2 of P.L.1991, c.465 (C.39:4-10.2).
(cf: P.L.1997, c.411, s.2)
3. Section 3 of P.L.1997, c.411 (C.39:4-10.7) is amended to read as follows:
3. The failure of any person to comply with the provisions of section 1 of [this act] P.L.1997, c.411 (C.39:4-10.5) shall not constitute negligence per se, 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.
(cf: P.L.1997, c.411, s.3)
4. Section 4 of P.L.1997, c.411 (C.39:4-10.8) is amended to read as follows:
4. a. It shall be unlawful to manufacture, assemble, sell, offer to sell or distribute roller skates, skateboards, scooters or electric personal assistive mobility devices unless such roller skates, skateboards, scooters or electric personal assistive mobility devices contain a warning notice consistent with the requirements of this section.
b. The warning notice required by subsection a. of this section shall be placed in at least one of the following locations and shall be clearly visible to the consumer: (1) on one roller skate in each pair of roller skates or on the skateboard or scooter; (2) on the outside of the box or other container in which the roller skates, skateboard, scooter or electric personal assistive mobility device are offered for sale at retail; or (3) on any user's guide or instruction manual provided with the roller skates, skateboard, scooter or electric personal assistive mobility device.
c. The warning notice required by subsection a. of this section must be printed in clear and conspicuous type and be substantially similar to the following notice: "WARNING! REDUCE THE RISK OF SERIOUS INJURY AND ONLY USE WHILE WEARING FULL PROTECTIVE GEAR -- HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS."
d. A person, firm, corporation or other legal entity regularly engaged in the business of manufacturing or assembling roller skates, skateboards, scooters or electric personal assistive mobility devices who complies with the requirements of this section shall not be liable in a civil action for damages for any physical injury sustained by a user of roller skates, a skateboard, scooter or an electric personal assistive mobility device as a result of that user's failure to wear a helmet in accordance with the provisions of [this act] P.L.1997, c.411 (C.39:4-10.5 et seq.).
(cf: P.L.2001, c.430, s.2)
5. Section 5 of P.L.1997, c.411 (C.39:4-10.9) is amended to read as follows:
5. a. A person, firm, corporation or other legal entity regularly engaged in the business of selling or renting roller skates [or], skateboards or scooters shall post a sign at the point where the sale or rental transaction is completed stating: "STATE LAW REQUIRES A PERSON UNDER 17 YEARS OF AGE TO WEAR A HELMET WHEN ROLLER SKATING [OR], SKATEBOARDING OR RIDING A SCOOTER." The size of the sign shall be at a minimum 15 inches in length and 8 inches in width. This notification requirement shall not apply to a seller when the roller skates, skateboard or scooter are sold through the use of a mail order catalog or brochure where the purchase and payment are made by mail, telephone or another telecommunications or electronic method.
b. A person, firm, corporation or other legal entity who fails to post the sign required by subsection a. of this section shall be subject to a penalty not to exceed $25 [a] per day for each day the business is open to the public and the sign is not posted. The enforcement of this subsection shall be vested in the director, the inspectors appointed under his authority and the police or peace officers of, or inspectors duly appointed for this purpose by, any municipality or county or the State. Jurisdiction of proceedings to collect the penalties prescribed by this act is vested in the Superior Court and the municipal court in any municipality where the defendant resides. Process shall be either a summons or warrant and shall be executed in a summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. A person, firm, corporation or other legal entity regularly engaged in the business of renting roller skates [or], skateboards or scooters shall make available an approved helmet to a person under 17 years of age who rents the roller skates [or skateboards], skateboard or scooter for use in an area where a helmet is required, if the person does not already have a helmet in his possession. A fee may be charged for the helmet rental.
d. A person, firm, corporation or other legal entity regularly engaged in the business of selling or renting roller skates [or], skateboards or scooters who complies with the applicable requirements of this section shall not be liable in a civil action for damages for any physical injury sustained by a user of roller skates or a skateboard or scooter who is under the age of 17 years as a result of that person's failure to wear a helmet in accordance with the provisions of [this act] P.L.1997, c.411 (C.39:4-10.5 et seq.).
e. Sixty days before the effective date of [this act] P.L. , c. (C. ) (pending before the Legislature as this bill), the Division of Consumer Affairs in the Department of Law and Public Safety shall make a reasonable effort to notify any person, firm, corporation or other legal entity who is regularly engaged in the business of selling or renting roller skates [or], skateboards or scooters of the requirements of this section. The responsibility of a person, firm, corporation or other legal entity under this section shall not be abrogated or diminished in any manner if the person fails to receive or become aware of a notice from the division.
(cf: P.L. 2005, c.208, s.4)
6. Section 1 of P.L.1998, c.36 (C.39:4-10.10a) is amended to read as follows:
1. The governing body of any municipality may, by ordinance, regulate the operation of skateboards [and] , roller skates and scooters upon the roadways and public properties under municipal jurisdiction; provided, however, that no such ordinance shall:
a. absolve any person operating roller skates [or], a skateboard or a scooter upon a permitted roadway of any of the duties applicable to the operator of a bicycle pursuant to Article 3 of chapter 4 of Title 39 of the Revised Statutes and all supplements thereto, except as to those provisions thereof which by their nature can have no application; or
b. prohibit any person from operating a skateboard upon any public roadway, except those specifically designated by ordinance.
For the purpose of this section, "roller skates" means a pair of devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels, and used to glide or propel the user over the ground.
(cf: P.L.1998, c.36, s.1)
7. Section 2 of P.L.1998, c.36 (C.39:4-10.10b) is amended to read as follows:
2. Nothing in P.L.1998, c.36 (C.39:4-10.10a et seq.) or in P.L.1997, c.411 (C.39:4-10.5 et al.) shall obligate the Commissioner of Transportation to in any way maintain, plan, design or construct roadways to accommodate the operation of roller skates [or] , skateboards or scooters.
(cf: P.L.1998, c.36, s.2)
8. Section 2 of P.L.1991, c.465 (C.39:4-10.2) is amended to read as follows:
2. a. A person who violates a requirement of [this act] P.L.1991, c.465 (C.39:4-10.1 et seq.) shall be warned of the violation by the enforcing official. The parent or legal guardian of that person also may be fined a maximum of $25 for the person's first offense and a maximum of $100 for a subsequent offense if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. Penalties provided in this section for a failure to wear a helmet may be waived if an offender or his parent or legal guardian presents suitable proof that an approved helmet was owned at the time of the violation or has been purchased since the violation occurred.
b. All money collected as fines under subsection a. of this section and subsection a. of section 2 of P.L.1997, c.411 (C.39:4-10.6) shall be deposited in a nonlapsing revolving fund to be known as the "Bicycle [and], Skating and Scooter Safety Fund." Interest earned on money deposited in the fund shall accrue to the fund. Money in the fund shall be utilized by the director to provide educational programs devoted to bicycle, roller skating [and], skateboarding and scooter safety. If the director determines that sufficient money is available in the fund, he also may use, in a manner prescribed by rule and regulation, the money to assist low income families in purchasing approved bicycle helmets. For the purposes of this subsection, "low income family" means a family which qualifies for low income housing under the standards promulgated by the Council on Affordable Housing pursuant to the provisions of P.L.1985, c.222 (C.52:27D-301 et seq.).
(cf: P.L.1997, c.411, s.11)
9. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill requires children under 17 years old to wear an approved helmet when riding a scooter.
The bill is to be known as "Andy's Law" in memory of Andy Alexis Pino, a 10-year old boy from Elizabeth who was recently struck and killed by a car as he was crossing a busy street near his home while riding his scooter. The child, who was not wearing a helmet at the time of the accident, died from severe head trauma. To prevent such tragedies in the future, this bill would require children younger than 17 years of age to wear helmets when they ride their scooters. Children under 17 years old currently are required to wear a helmet when riding a bicycle and when skateboarding or roller skating.
The bill defines a scooter as a device propelled by muscular power which consists of a footboard between the end wheels and containing a handle used for purposes including, but not limited to, balancing, directing or guiding oneself while operating the scooter. The bill does not apply to motorized scooters.
Under the bill's provisions, a fine of up to $25 for a first offense and a fine of up to $100 for a subsequent offense could be imposed on the parent or guardian of a child who fails to wear the required helmet. The fines are to be deposited into the "Bicycle, Skating and Scooter Safety Fund" to be used by the Director of Consumer Affairs for educational programs concerning bicycle, roller skating, skateboarding and scooter safety.
The bill also requires scooter manufacturers to include a warning notice with the scooter that the risk of serious injury can be reduced by using a scooter only while wearing helmets, wrist guards elbow pads and knee pads. A manufacturer who complies with the warning requirements of the bill could not be held liable in a civil action for damages or physical injury by a scooter rider who was not wearing the required helmet when injured. Manufacturers of bicycles, roller skates and skateboards are required by current law to provide this warning. Businesses which sell or rent scooters are required by the bill to post a sign meeting certain specifications where the sale or transaction takes place stating that children under 17 are required under State law to wear a helmet when riding a scooter. Failure to post the appropriate sign would result in a fine up to $25 for each day the business is open without the sign posted. Businesses that rent scooters also are required to provide a helmet to renters who do not have one, but may charge a fee for the service. Businesses that comply with these requirements could not be held liable in a civil action for damages or physical injury by a scooter rider who did not wear a helmet. Businesses that sell or rent bicycles, roller skates and skateboards are currently subject to these requirements.
The bill also authorizes municipalities to regulate scooters on property under the municipality's jurisdiction. The bill does not extend to scooter riders all the rights accorded motor vehicle operators.
