Bill Text: NY A08822 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires passengers and operators of bicycles, skateboards, in-line skates and scooters under eighteen years of age to wear protective headgear.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A08822 Detail]
Download: New_York-2019-A08822-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8822 2019-2020 Regular Sessions IN ASSEMBLY November 25, 2019 ___________ Introduced by M. of A. MOSLEY -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to required protective headgear for operators of bicycles, skateboards, in-line skates and scooters under eighteen years of age The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading, subdivision 4, paragraphs (a) and (b) 2 of subdivision 5, and subdivisions 5-a, 5-b, 8 and 9 of section 1238 of 3 the vehicle and traffic law, the section heading and subdivision 4 as 4 amended by chapter 267 of the laws of 1993, paragraphs (a) and (b) of 5 subdivision 5 as amended by chapter 457 of the laws of 1999, subdivi- 6 sions 5-a and 9 as amended by chapter 703 of the laws of 2004, subdivi- 7 sion 5-b as added by chapter 402 of the laws of 2001, and subdivision 8 8 as amended by chapter 694 of the laws of 1995, are amended to read as 9 follows: 10 Passengers on bicycles under one year of age prohibited; passengers 11 and operators under [fourteen] eighteen years of age to wear protective 12 headgear. 13 4. The court shall waive any fine for which a person who violates the 14 provisions of paragraph (a) of subdivision two of this section would be 15 liable if such person supplies the court with proof that between the 16 date of violation and the appearance date for such violation such person 17 purchased or rented a helmet, which meets the requirements of paragraph 18 (a) of subdivision two of this section. Further, the court shall waive 19 any fine for which a person who violates the provisions of paragraph (b) 20 of subdivision two of this section would be liable if such person 21 supplies the court with proof that between the date of violation and the 22 appearance date for such violation such person purchased or rented a 23 seat which meets the requirements of paragraph (b) of subdivision two of 24 this section. The court [may] shall waive any fine for which a person 25 who violates the provisions of subdivision two of this section would be 26 liable if the court finds that due to reasons of economic hardship such 27 person was unable to purchase a helmet or seat. Such waiver of fine EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13498-02-9A. 8822 2 1 shall not apply to a second or subsequent conviction under paragraph (a) 2 or (b) of subdivision two of this section. 3 (a) No person operating a bicycle shall allow a person five or more 4 years of age and less than [fourteen] eighteen years of age to ride as a 5 passenger on a bicycle unless such passenger is wearing a helmet meeting 6 standards established by the commissioner. 7 (b) No person, one or more years of age and less than [fourteen] eigh- 8 teen years of age, shall operate a bicycle unless such person is wearing 9 a helmet meeting standards established by the commissioner. 10 5-a. No person, one or more years of age and less than [fourteen] 11 eighteen years of age, shall skate or glide on in-line skates or a skate 12 board unless such person is wearing a helmet meeting standards estab- 13 lished by the commissioner. For the purposes of this subdivision, wear- 14 ing a helmet means having a helmet of good fit fastened securely on the 15 head of such wearer with the helmet straps securely fastened. 16 5-b. No person less than [fourteen] eighteen years of age shall ride 17 upon, propel or otherwise operate a two-wheeled vehicle commonly called 18 a scooter unless such person is wearing a helmet meeting standards 19 established by the commissioner. As used in this subdivision, wearing a 20 helmet means having a properly fitting helmet fixed securely on the head 21 of such wearer with the helmet straps securely fastened. 22 8. A police officer shall only issue a summons for a violation of 23 subdivision two, five, or five-a of this section by a person less than 24 [fourteen] eighteen years of age to the parent or guardian of such 25 person if the violation by such person occurs in the presence of such 26 person's parent or guardian and where such parent or guardian is eigh- 27 teen years of age or more. Such summons shall only be issued to such 28 parent or guardian, and shall not be issued to the person less than 29 [fourteen] eighteen years of age. 30 9. Subdivisions five, five-a, five-b, and six of this section shall 31 not be applicable to any county, city, town or village that has enacted 32 a local law or ordinance prior to the effective date of this subdivision 33 that prohibits a person who is one or more years of age and less than 34 [fourteen] eighteen years of age from operating a bicycle or skating or 35 gliding on in-line skates or a skate board without wearing a bicycle 36 helmet meeting the standards of the American National Standards Insti- 37 tute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial Founda- 38 tion's Standards for Protective Headgear for use in Bicycling, or the 39 American Society of Testing and Materials (ASTM) bike helmet standards, 40 or that prohibits a person operating a bicycle from allowing a person 41 five or more years of age and less than [fourteen] eighteen years of age 42 to ride as a passenger on a bicycle unless such passenger is wearing a 43 bicycle helmet that meets such standards. The failure of any person to 44 comply with any such local law or ordinance shall not constitute contri- 45 butory negligence or assumption of risk, and shall not in any way bar, 46 preclude or foreclose an action for personal injury or wrongful death by 47 or on behalf of such person, nor in any way diminish or reduce the 48 damages recoverable in any such action. The legislative body of a coun- 49 ty, city, town or village may enact a local law or ordinance that 50 prohibits a person who is [fourteen] eighteen or more years of age from 51 skating or gliding on in-line skates, operating a skate board, or oper- 52 ating or riding as a passenger on a bicycle without wearing a bicycle 53 helmet. 54 § 2. This act shall take effect on the one hundred eightieth day after 55 it shall have become a law.
