Bill Text: NY S00320 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes the commissioner of transportation to conduct a comprehensive study of the efficacy of motorcycle helmets.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S00320 Detail]
Download: New_York-2019-S00320-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 320 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT authorizing the commissioner of transportation to conduct a comprehensive study on the efficacy of motorcycle helmets The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature recognizes that head 2 injuries are the leading cause of death in motorcycle crashes nation- 3 wide, but also may be prevented in many cases with the use of proper 4 protective headgear. As such, it is vitally important that all motorcy- 5 clists and passengers wear federal department of transportation (DOT) 6 approved helmets as required by section 381 of the vehicle and traffic 7 law to prevent injuries and fatalities. Moreover, it is imperative that 8 a motorcyclist utilize a DOT-approved helmet that is the correct style 9 for the type of riding that they are engaged in and that is an appropri- 10 ate size and fit for their head shape and face structure so that it can 11 function properly in the event of a crash. 12 To date, there has not been a comprehensive study conducted in New 13 York state to examine the efficacy of the variety of styles of DOT-ap- 14 proved motorcycle helmets or the guidelines and safety protocols that 15 inform the rider of how to properly fit and use this equipment. The 16 legislature therefore supports the commissioning of such a study in 17 order to assess the effectiveness of motorcycle helmets in preventing 18 fatality and injury, the functionality of a helmet when improperly worn 19 and the protocols in place to inform the consumer of how to properly fit 20 and wear this equipment. 21 § 2. The department of transportation shall undertake a comprehensive 22 study on the effectiveness of motorcycle helmets in preventing injuries 23 and fatalities. The scope of this study shall include: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00071-01-9S. 320 2 1 1. the efficacy of different styles and types of DOT-approved motorcy- 2 cle helmets in preventing injury and death; and 3 2. the adequacy of established state, federal and manufacturer use and 4 safety guidelines that inform the consumer of proper helmet fitment and 5 wear; and 6 3. evidence of injury or death resulting from improper helmet fitment 7 and/or wear; and 8 4. any other related information that the commissioner may deem neces- 9 sary or relevant in carrying out this study. 10 § 3. The department of transportation shall make a report to the 11 governor and the legislature of its findings, conclusions and recommen- 12 dations no later than one year after the effective date of this act and 13 shall submit with this report such legislative proposals as it deems 14 necessary to implement its recommendations. 15 § 4. If the department of transportation finds that it does not have 16 access to adequate state resources to conduct the study defined in 17 section two of this act the commissioner is authorized to contract with 18 an independent entity to conduct such study. 19 § 5. This act shall take effect immediately.