Bill Text: NY A01821 | 2019-2020 | General Assembly | Amended
Bill Title: Requires operators of bicycles, skateboards, inline skates and scooters who are under eighteen years of age to wear protective headgear; increases the age requirement from fourteen years to eighteen years.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A01821 Detail]
Download: New_York-2019-A01821-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1821--A 2019-2020 Regular Sessions IN ASSEMBLY January 17, 2019 ___________ Introduced by M. of A. MAGNARELLI, DINOWITZ -- Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred to the Committee on Trans- portation -- 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 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, 6, 8 and 9 of section 1238 3 of the vehicle and traffic law, the section heading and subdivision 4 as 4 amended and subdivision 6 as added by chapter 267 of the laws of 1993, 5 paragraphs (a) and (b) of subdivision 5 as amended by chapter 457 of the 6 laws of 1999, subdivision 5-a, paragraph (c) of subdivision 6 and subdi- 7 vision 9 as amended by chapter 703 of the laws of 2004, subdivision 5-b 8 and paragraph (a) of subdivision 6 as amended by chapter 402 of the laws 9 of 2001, and subdivision 8 as amended by chapter 694 of the laws of 10 1995, are amended to read as follows: 11 Passengers on bicycles under one year of age prohibited; passengers 12 and operators under [fourteen] eighteen years of age to wear protective 13 headgear. 14 4. The court shall waive any fine for which a person who violates the 15 provisions of paragraph (a) of subdivision two of this section would be 16 liable if such person supplies the court with proof that between the 17 date of violation and the appearance date for such violation such person 18 purchased or rented a helmet, which meets the requirements of paragraph 19 (a) of subdivision two of this section. Further, the court shall waive 20 any fine for which a person who violates the provisions of paragraph (b) 21 of subdivision two of this section would be liable if such person 22 supplies the court with proof that between the date of violation and the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01878-02-9A. 1821--A 2 1 appearance date for such violation such person purchased or rented a 2 seat which meets the requirements of paragraph (b) of subdivision two of 3 this section. The court [may] shall waive any fine for which a person 4 who violates the provisions of subdivision two of this section would be 5 liable if the court finds that due to reasons of economic hardship such 6 person was unable to purchase a helmet or seat. Such waiver of fine 7 shall not apply to a second or subsequent conviction under paragraph (a) 8 or (b) of subdivision two of this section. 9 (a) No person operating a bicycle shall allow a person five or more 10 years of age and less than [fourteen] eighteen years of age to ride as a 11 passenger on a bicycle unless such passenger is wearing a helmet meeting 12 standards established by the commissioner. 13 (b) No person, one or more years of age and less than [fourteen] eigh- 14 teen years of age, shall operate a bicycle unless such person is wearing 15 a helmet meeting standards established by the commissioner. 16 5-a. No person, one or more years of age and less than [fourteen] 17 eighteen years of age, shall skate or glide on in-line skates or a skate 18 board unless such person is wearing a helmet meeting standards estab- 19 lished by the commissioner. For the purposes of this subdivision, wear- 20 ing a helmet means having a helmet of good fit fastened securely on the 21 head of such wearer with the helmet straps securely fastened. 22 5-b. No person less than [fourteen] eighteen years of age shall ride 23 upon, propel or otherwise operate a two-wheeled vehicle commonly called 24 a scooter unless such person is wearing a helmet meeting standards 25 established by the commissioner. As used in this subdivision, wearing a 26 helmet means having a properly fitting helmet fixed securely on the head 27 of such wearer with the helmet straps securely fastened. 28 6. (a) Any person who violates the provisions of subdivision five, 29 five-a or five-b of this section shall pay a civil fine not to exceed 30 fifty dollars. 31 (b) The court shall waive any fine for which a person who violates the 32 provisions of subdivision five, five-a, or five-b of this section would 33 be liable if such person supplies the court with proof that between the 34 date of violation and the appearance date for such violation such person 35 purchased or rented a helmet. 36 (c) The court [may] shall waive any fine for which a person who 37 violates the provisions of subdivision five, five-a, or five-b of this 38 section would be liable if the court finds that due to reasons of 39 economic hardship such person was unable to purchase a helmet or due to 40 such economic hardship such person was unable to obtain a helmet from 41 the statewide in-line skate and bicycle helmet distribution program, as 42 established in section two hundred six of the public health law, or a 43 local distribution program. 44 8. A police officer shall only issue a summons for a violation of 45 subdivision two, five, or five-a of this section by a person less than 46 [fourteen] eighteen years of age to the parent or guardian of such 47 person if the violation by such person occurs in the presence of such 48 person's parent or guardian and where such parent or guardian is eigh- 49 teen years of age or more. Such summons shall only be issued to such 50 parent or guardian, and shall not be issued to the person less than 51 [fourteen] eighteen years of age. 52 9. Subdivisions five, five-a, five-b, and six of this section shall 53 not be applicable to any county, city, town or village that has enacted 54 a local law or ordinance prior to the effective date of this subdivision 55 that prohibits a person who is one or more years of age and less than 56 [fourteen] eighteen years of age from operating a bicycle or skating orA. 1821--A 3 1 gliding on in-line skates or a skate board without wearing a bicycle 2 helmet meeting the standards of the American National Standards Insti- 3 tute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial Founda- 4 tion's Standards for Protective Headgear for use in Bicycling, or the 5 American Society of Testing and Materials (ASTM) bike helmet standards, 6 or that prohibits a person operating a bicycle from allowing a person 7 five or more years of age and less than [fourteen] eighteen years of age 8 to ride as a passenger on a bicycle unless such passenger is wearing a 9 bicycle helmet that meets such standards. The failure of any person to 10 comply with any such local law or ordinance shall not constitute contri- 11 butory negligence or assumption of risk, and shall not in any way bar, 12 preclude or foreclose an action for personal injury or wrongful death by 13 or on behalf of such person, nor in any way diminish or reduce the 14 damages recoverable in any such action. The legislative body of a coun- 15 ty, city, town or village may enact a local law or ordinance that 16 prohibits a person who is [fourteen] eighteen or more years of age from 17 skating or gliding on in-line skates, operating a skate board, or oper- 18 ating or riding as a passenger on a bicycle without wearing a bicycle 19 helmet. 20 § 2. This act shall take effect on the one hundred eightieth day after 21 it shall have become a law.
