S T A T E O F N E W Y O R K
________________________________________________________________________
3991
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
___________
Introduced by M. of A. BRENNAN, BENEDETTO, PEOPLES-STOKES, MILLMAN,
ROSENTHAL, DINOWITZ -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO,
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00967-01-1
A. 3991 2
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
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.