STATE OF NEW YORK
________________________________________________________________________
10891
IN ASSEMBLY
August 17, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jaffee) --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
bicycle passengers and operators under the age of eighteen to wear a
helmet
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 1238 of the vehicle and traffic law, as amended by
2 chapter 267 of the laws of 1993, the section heading as amended by
3 section 4, subdivision 5-c as added by section 5, subdivision 6 as
4 amended by section 6 and subdivision 8 as amended by section 7 of part
5 XX of chapter 58 of the laws of 2020, paragraph (a) of subdivision 2 and
6 paragraphs (a) and (b) of subdivision 5 as amended by chapter 457 of the
7 laws of 1999, subdivisions 2-a, 5-a, 9 and 10 as amended by chapter 703
8 of the laws of 2004, subdivision 5 as amended by chapter 132 of the laws
9 of 1994, subdivision 5-b as added by chapter 402 of the laws of 2001,
10 and subdivision 7 as added by chapter 267 of the laws of 1993, is
11 amended to read as follows:
12 § 1238. Passengers on bicycles under one year of age prohibited;
13 passengers and operators under [fourteen] eighteen years of age to wear
14 protective headgear; operators of class three bicycles with electric
15 assist to wear protective headgear. 1. No person operating a bicycle
16 shall allow a person who is under one year of age to ride as a passenger
17 on a bicycle nor shall such person be carried in a pack fastened to the
18 operator. A first violation of the provisions of this subdivision shall
19 result in no fine. A second violation shall result in a civil fine not
20 to exceed [fifty] one hundred dollars.
21 2. No person operating a bicycle shall allow a person one or more
22 years of age and less than five years of age to ride as a passenger on a
23 bicycle unless:
24 (a) such passenger is wearing a helmet meeting standards established
25 by the commissioner. For the purposes of this subdivision wearing a
26 helmet means having a helmet of good fit fastened securely upon the head
27 with the helmet straps; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17045-02-0
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1 (b) such passenger is placed in a separate seat attached to the bicy-
2 cle and such seat shall have adequate provision for retaining the
3 passenger in place and for protecting the passenger from the moving
4 parts of the bicycle.
5 2-a. The commissioner shall promulgate rules and regulations estab-
6 lishing standards for helmets required to be worn while bicycling,
7 in-line skating, or operating a skate board. Such standards, to the
8 extent practicable, shall reflect the standards recommended by the Snell
9 Memorial Foundation, Safety Equipment Institute, or United States
10 Consumer Product Safety Commission.
11 3. Any person who violates the provisions of subdivision two of this
12 section shall pay a civil fine not to exceed [fifty] one hundred
13 dollars.
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
23 appearance date for such violation such person purchased or rented a
24 seat which meets the requirements of paragraph (b) of subdivision two of
25 this section. The court may waive any fine for which a person who
26 violates the provisions of subdivision two of this section would be
27 liable if the court finds that due to reasons of economic hardship such
28 person was unable to purchase a helmet or seat. Such waiver of fine
29 shall not apply to a second or subsequent conviction under paragraph (a)
30 or (b) of subdivision two of this section.
31 5. (a) No person operating a bicycle shall allow a person five or more
32 years of age and less than [fourteen] eighteen years of age to ride as a
33 passenger on a bicycle unless such passenger is wearing a helmet meeting
34 standards established by the commissioner.
35 (b) No person, one or more years of age and less than [fourteen] eigh-
36 teen years of age, shall operate a bicycle unless such person is wearing
37 a helmet meeting standards established by the commissioner.
38 (c) For the purposes of this subdivision wearing a helmet means having
39 a helmet of good fit fastened securely upon the head with the helmet
40 straps.
41 5-a. No person, one or more years of age and less than [fourteen]
42 eighteen years of age, shall skate or glide on in-line skates or a skate
43 board unless such person is wearing a helmet meeting standards estab-
44 lished by the commissioner. For the purposes of this subdivision, wear-
45 ing a helmet means having a helmet of good fit fastened securely on the
46 head of such wearer with the helmet straps securely fastened.
47 5-b. No person less than [fourteen] eighteen years of age shall ride
48 upon, propel or otherwise operate a two-wheeled vehicle commonly called
49 a scooter unless such person is wearing a helmet meeting standards
50 established by the commissioner. As used in this subdivision, wearing a
51 helmet means having a properly fitting helmet fixed securely on the head
52 of such wearer with the helmet straps securely fastened.
53 5-c. No person shall ride upon, propel or otherwise operate a class
54 three bicycle with electric assist unless such person is wearing a
55 helmet meeting standards established by the commissioner. For the
56 purposes of this subdivision, wearing a helmet means having a properly
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1 fitting helmet fixed securely on the head of such wearer with the helmet
2 straps securely fastened.
3 6. (a) Any person who violates the provisions of subdivision five,
4 five-a, five-b or five-c of this section shall pay a civil fine not to
5 exceed [fifty] one hundred dollars.
6 (b) The court shall waive any fine for which a person who violates the
7 provisions of subdivision five or subdivision five-c of this section
8 would be liable if such person supplies the court with proof that
9 between the date of violation and the appearance date for such violation
10 such person purchased or rented a helmet.
11 (c) The court may waive any fine for which a person who violates the
12 provisions of subdivision five, five-a, five-b, or five-c of this
13 section would be liable if the court finds that due to reasons of
14 economic hardship such person was unable to purchase a helmet or due to
15 such economic hardship such person was unable to obtain a helmet from
16 the statewide in-line skate and bicycle helmet distribution program, as
17 established in section two hundred six of the public health law, or a
18 local distribution program. Such waiver of a fine shall not apply to a
19 second or subsequent violation of subdivision five-c of this section.
20 7. The failure of any person to comply with the provisions of this
21 section shall not constitute contributory negligence or assumption of
22 risk, and shall not in any way bar, preclude or foreclose an action for
23 personal injury or wrongful death by or on behalf of such person, nor in
24 any way diminish or reduce the damages recoverable in any such action.
25 8. (a) A police officer shall only issue a summons for a violation of
26 subdivision two, five, or five-a of this section by a person less than
27 [fourteen] eighteen years of age to the parent or guardian of such
28 person if the violation by such person occurs in the presence of such
29 person's parent or guardian [and where such parent or guardian is eigh-
30 teen years of age or more]. Such summons shall only be issued to such
31 parent or guardian, and shall not be issued to the person less than
32 [fourteen] eighteen years of age.
33 (b) A police officer shall only issue a summons for a violation of
34 subdivision five-c of this section by a person less than sixteen years
35 of age to the parent or guardian of such person if the violation by such
36 person occurs in the presence of such person's parent or guardian [and
37 where such parent or guardian is eighteen years of age or more]. Such
38 summons shall only be issued to such parent or guardian, and shall not
39 be issued to the person less than sixteen years of age.
40 9. Subdivisions five, five-a, five-b, and six of this section shall
41 not be applicable to any county, city, town or village that has enacted
42 a local law or ordinance prior to the effective date of this subdivision
43 that prohibits a person who is one or more years of age and less than
44 [fourteen] eighteen years of age from operating a bicycle or skating or
45 gliding on in-line skates or a skate board without wearing a bicycle
46 helmet meeting the standards of the American National Standards Insti-
47 tute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial Founda-
48 tion's Standards for Protective Headgear for use in Bicycling, or the
49 American Society of Testing and Materials (ASTM) bike helmet standards,
50 or that prohibits a person operating a bicycle from allowing a person
51 five or more years of age and less than [fourteen] eighteen years of age
52 to ride as a passenger on a bicycle unless such passenger is wearing a
53 bicycle helmet that meets such standards. The failure of any person to
54 comply with any such local law or ordinance shall not constitute contri-
55 butory negligence or assumption of risk, and shall not in any way bar,
56 preclude or foreclose an action for personal injury or wrongful death by
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1 or on behalf of such person, nor in any way diminish or reduce the
2 damages recoverable in any such action. The legislative body of a coun-
3 ty, city, town or village may enact a local law or ordinance that
4 prohibits a person who is [fourteen] eighteen or more years of age from
5 skating or gliding on in-line skates, operating a skate board, or oper-
6 ating or riding as a passenger on a bicycle without wearing a bicycle
7 helmet.
8 10. No person shall skate or glide on in-line skates or a skate board
9 outside during the period of time between one-half hour after sunset and
10 one-half hour before sunrise unless such person is wearing readily visi-
11 ble reflective clothing or material which is of a light or bright color.
12 § 2. This act shall take effect immediately.