S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5097

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. BRENNAN, BENEDETTO, PEOPLES, MILLMAN, ROSENTHAL,
  DINOWITZ -- Multi-Sponsored by -- M. of A. BOYLAND, CLARK,  GOTTFRIED,
  MAGNARELLI,  MAYERSOHN, PHEFFER, ROBINSON, SCHIMEL, WEISENBERG -- read
  once and referred to the Committee on Transportation

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  requiring  persons  under  the age of eighteen to wear a
  helmet while operating a scooter or bicycle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  19-171 of the administrative code of the city of
New York, as added by local law number 5 of the city of New York for the
year 2001, subdivision g as amended by local law number 22 of  the  city
of New York for the year 2002, is amended to read as follows:
  S  19-171  Helmet  requirement for persons under the age of [fourteen]
EIGHTEEN operating scooters  OR  BICYCLES.    a.  Definitions.  For  the
purposes of this section:
  (1)  The  term "public highway" means any highway, road, street, road-
way, sidewalk, avenue, alley, public place, public driveway or any other
public way.
  (2) The term "scooter" means a device  propelled  by  muscular  power,
consisting  of  a  footboard  between  end  wheels and an upright handle
attached to a front wheel or to the footboard.
  (3)  THE TERM "BICYCLE" MEANS A TWO OR THREE WHEELED DEVICE UPON WHICH
A PERSON OR PERSONS MAY RIDE, PROPELLED BY HUMAN POWER THROUGH A BELT, A
CHAIN OR GEARS, WITH SUCH WHEELS IN TANDEM OR A TRICYCLE, EXCEPT THAT IT
SHALL NOT INCLUDE SUCH A DEVICE HAVING SOLID TIRES AND INTENDED FOR  USE
ONLY ON A SIDEWALK BY PRE-TEENAGE CHILDREN.
  (4)  The  term  "wearing  a  helmet" means having a helmet of good fit
fastened securely upon the head with the helmet straps.
  b. This section is applicable to the operation of a scooter OR BICYCLE
upon any public highway or any private road open to public motor vehicle

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07383-01-9
              

A. 5097                             2

traffic, and within a park or other area under the jurisdiction  of  the
commissioner of parks and recreation.
  c.  No person less than [fourteen] EIGHTEEN years of age shall operate
a scooter OR BICYCLE unless such person is wearing a helmet meeting  the
standards  of  the  American  National  Standards Institute (ANSI Z 90.4
bicycle helmet standards), the Snell Memorial Foundation's standards for
protective headgear for use in bicycling, the American Society of  Test-
ing  and  Materials  (ASTM)  standards  for  bicycle helmets, the Safety
Equipment Institute standards for bicycle helmets, or the United  States
Consumer Product Safety Commission standards for bicycle helmets.
  d.  It  is  a  traffic  infraction  to  violate the provisions of this
section punishable, upon conviction, by a civil penalty of not more than
fifty dollars. Such traffic infractions shall be heard and determined in
accordance with article 2-A of the vehicle and traffic  law.  A  hearing
officer  shall  waive the civil penalty for which the parent or guardian
of a person who violates the provisions of this section would be  liable
if  such  parent  or  guardian  supplies  proof that between the date of
violation and the appearance date for  such  violation  such  parent  or
guardian  purchased  or  rented  a helmet that meets the requirements of
this section. A hearing officer may waive the civil  penalty  for  which
the  parent  or guardian of a person who violates the provisions of this
section would be liable if he or  she  finds  that  due  to  reasons  of
economic hardship such parent or guardian was unable to purchase or rent
a  helmet.  A waiver of the civil penalty shall not apply to a second or
subsequent conviction under this section.
  e. The parent or guardian of a person less  than  [fourteen]  EIGHTEEN
years  of  age  shall  be liable for a violation of this section by such
person less than [fourteen] EIGHTEEN years  of  age.  A  summons  for  a
violation  of  this  section  by  a person less than [fourteen] EIGHTEEN
years of age shall only be issued to the  parent  or  guardian  of  such
person if the violation occurs in the presence of such parent or guardi-
an  and  where such parent or guardian is eighteen years of age or more.
Such summons shall only be issued to such parent or guardian  and  shall
not be issued to the person less than [fourteen] EIGHTEEN years of age.
  f.  The  failure  of  any person to comply with the provisions of this
section shall not constitute 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, nor in
any way diminish or reduce the damages recoverable in any such action.
  g. The department of health and mental hygiene shall distribute infor-
mational materials through the department's school health program, which
shall include information explaining the hazards of  operating  scooters
OR  BICYCLES  without protective headgear. These informational materials
shall be printed in multiple languages and shall be  made  available  to
any member of the public upon request.
  h.  The  police  department and the department of parks and recreation
shall enforce the provisions of this section.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.