senate Bill S390A

2013-2014 Legislative Session

Defines the term electric assisted bicycle

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 10, 2014 advanced to third reading
Jun 09, 2014 2nd report cal.
Jun 03, 2014 1st report cal.1180
Jan 08, 2014 referred to transportation
Jun 21, 2013 committed to rules
May 29, 2013 amended on third reading 390a
Feb 05, 2013 advanced to third reading
Feb 04, 2013 2nd report cal.
Jan 29, 2013 1st report cal.10
Jan 09, 2013 referred to transportation

Votes

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Jun 3, 2014 - Transportation committee Vote

S390A
14
0
committee
14
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Jan 29, 2013 - Transportation committee Vote

S390
16
0
committee
16
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S390 - Bill Details

See Assembly Version of this Bill:
A1618A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §§102-c & 1238-a, amd §125, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1618, A1618A
2011-2012: A1350, S1357B
2009-2010: A2393, S4014

S390 - Bill Texts

view summary

Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; requires persons sixteen years of age or older to wear a helmet when operating an electric assisted bicycle.

view sponsor memo
BILL NUMBER:S390

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition of
electric assisted bicycle

PURPOSE:
This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establishes that electric assisted bicycles, as
defined, are bicycles; and establishes safety and operational
criteria for their use.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new subparagraph to Section 102 of the
vehicle and traffic law, defining electric assisted bicycles as: A
bicycle with two or three wheels which has a saddle and fully
operative pedals for human propulsion, and also has an electric
motor. However, the electric motor shall not have a power output of
more than 750 watts, and is incapable of propelling the device at a
speed greater than twenty miles per hour on level ground. The
electric motor should also be incapable of further increasing the
speed of the device when human power alone is used to propel the
device at or more than twenty miles per hour.

Section 2 adds a new section 1238-a to the vehicle and traffic law,
extending the rules, regulations and provisions of the vehicle and
traffic law governing standard bicycles to electric assisted
bicycles; makes the federal equipment and manufacturing requirements
for bicycles or motor driven cycles applicable to electric assisted
bicycles; and adds the following operational and safety requirements
for electric assisted bicycles: electric motor disengagement
criteria; operators under the age of 18 must wear helmets; and no one
under the age of 16 may operate an electric assisted bicycle and
establishes the civil fine and enforcement procedures for failure to
wear a helmet.

Section 3 amends section 125 of the vehicle and traffic law to exempt
electric assisted bicycles from what is classified as a motor vehicle.

Section 4 is the effective date.

JUSTIFICATION:
Defining and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more
akin to bicycles than motorcycles. This will assist in interpreting
the application of the appropriate vehicle and traffic laws to
operators and passengers of these vehicles.

LEGISLATIVE HISTORY:
2911-12: S.1357B - Advanced to 3rd Reading
2009-10: Similar legislation - S.4014/A.2393 Passed Assembly

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
To take effect ninety days after it shall become law.

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

                                   390

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  the  defi-
  nition of electric assisted bicycle

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

  Section 1. Section 102 of the vehicle and traffic law, as  amended  by
chapter 931 of the laws of 1977, is amended to read as follows:
  S 102. Bicycle.  1.  Every  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 a tandem or 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.
  2. AN ELECTRIC ASSISTED DEVICE WITH TWO OR THREE WHEELS  WHICH  HAS  A
SADDLE  AND  FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND ALSO HAS AN
ELECTRIC MOTOR. THE ELECTRIC ASSISTED BICYCLE'S  ELECTRIC  MOTOR  SHALL:
HAVE A POWER OUTPUT OF NOT MORE THAN SEVEN HUNDRED FIFTY WATTS; BE INCA-
PABLE  OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES PER
HOUR ON LEVEL GROUND; AND BE INCAPABLE OF FURTHER INCREASING  THE  SPEED
OF  THE  DEVICE WHEN HUMAN POWER IS USED TO PROPEL THE DEVICE AT OR MORE
THAN TWENTY MILES PER HOUR.
  S 2.  The vehicle and traffic law is amended by adding a  new  section
1238-a to read as follows:
  S  1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY-
CLES, OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL  OF
THE  RULES,  REGULATIONS AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED
IN THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION  ONE
HUNDRED  TWO  OF  THIS  CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIRE-
MENTS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00592-01-3

S. 390                              2

  (A) MEET THE EQUIPMENT AND  MANUFACTURING  REQUIREMENTS  FOR  BICYCLES
ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1, ET
SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION (49  C.F.R.  571.1,  ET  SEQ.)  IN  ACCORDANCE  WITH  THE
NATIONAL  TRAFFIC  AND  MOTOR VEHICLE SAFETY ACT OF 1966 (15 U.S.C. SEC.
1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
  (B) OPERATE IN A MANNER SO THAT THE ELECTRIC MOTOR  IS  DISENGAGED  OR
CEASES  TO  FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN A MANNER
SUCH THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT,  WHEN
RELEASED,  WILL  CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNC-
TION.
  2. NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE AN  ELECTRIC
ASSISTED  BICYCLE,  AND  NO  LAWFUL OPERATOR SHALL ALLOW ANY PERSON LESS
THAN SIXTEEN YEARS OF AGE TO OPERATE SUCH BICYCLE HE OR SHE IS OPERATING
OR RIDING.
  3. A LAWFUL OPERATOR UNDER EIGHTEEN YEARS OF AGE SHALL NOT OPERATE  AN
ELECTRIC  ASSISTED  BICYCLE UNLESS HE OR SHE IS WEARING A HELMET MEETING
STANDARDS ESTABLISHED BY THE COMMISSIONER.  FOR  THE  PURPOSES  OF  THIS
SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET OF GOOD FIT FASTENED
SECURELY  ON  THE  HEAD  OF  SUCH WEARER WITH THE HELMET STRAPS SECURELY
FASTENED.
  4. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  TWO  OR
THREE  OF  THIS  SECTION  SHALL  PAY  A  CIVIL  FINE NOT TO EXCEED FIFTY
DOLLARS.
  (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF  SUCH
PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
RENTED A HELMET.
  (C)  THE  COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE  IF  THE
COURT  FINDS  THAT  DUE  TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS
UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON
WAS UNABLE TO OBTAIN A HELMET FROM A STATEWIDE OR LOCAL HELMET  DISTRIB-
UTION PROGRAM.
  5.  THE  FAILURE  OF  ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
SECTION 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.
  6.  A  POLICE  OFFICER  SHALL  ONLY ISSUE A SUMMONS FOR A VIOLATION OF
SUBDIVISION TWO OR THREE OF THIS SECTION BY A PERSON LESS  THAN  SIXTEEN
YEARS  OF  AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION
BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI-
AN AND WHERE SUCH PARENT OR GUARDIAN IS SIXTEEN 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 SIXTEEN YEARS OF AGE.
  S 3.  Section 125 of the vehicle and traffic law, as amended by  chap-
ter 365 of the laws of 2008, is amended to read as follows:
  S 125. Motor  vehicles. Every vehicle operated or driven upon a public
highway which is propelled by  any  power  other  than  muscular  power,
except  (a)  electrically-driven mobility assistance devices operated or
driven by a person with a disability, (a-1) electric personal  assistive
mobility  devices  operated  outside  a  city  with  a population of one
million or more, (b) vehicles which run only upon rails or  tracks,  (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all  terrain  vehicles  as  defined  in  article  forty-eight-B  of this

S. 390                              3

chapter, AND (E) ELECTRIC ASSISTED BICYCLES AS DEFINED  IN  SECTION  ONE
HUNDRED  TWO  OF  THIS ARTICLE.   For the purposes of title four of this
chapter, the term motor vehicle shall exclude fire and  police  vehicles
other than ambulances.  For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for
snow  plowing,  other than for hire, farm equipment, including self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce, and self-propelled caterpillar or crawler-type equipment  while
being operated on the contract site.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

S390A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1618A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §§102-c & 1238-a, amd §125, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1618, A1618A
2011-2012: A1350, S1357B
2009-2010: A2393, S4014

S390A (ACTIVE) - Bill Texts

view summary

Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; requires persons sixteen years of age or older to wear a helmet when operating an electric assisted bicycle.

view sponsor memo
BILL NUMBER:S390A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the definition of electric assisted bicycle

PURPOSE OR GENERAL IDEA OF BILL:

This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establish that electric assisted bicycles, as
defined, are bicycles, not motor vehicles; and establish safety and
operational criteria for their use.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill acids a new Section 102-c to the vehicle and
traffic law, defining electric assisted bicycles as a bicycle with two
or three wheels which has a saddle and fully operative pedals for
human propulsion, and also has an electric motor. However, the
electric motor should have a power output of no more than seven
hundred fifty watts, and should be incapable of propelling the device
at a speed of twenty miles per hour or more on level ground. The
electric motor should also be incapable of further increasing the
speed of the device when human power is used to propel the device at
or more than twenty miles per hour.

Section 2 adds an exception in section 125 of the vehicle and traffic
law to the statutory definition of motor vehicle for electric assisted
bicycles.

Section 3 adds a new section 1238-a to the vehicle and traffic law,
making the rules, regulations and provisions of the vehicle and
traffic law applicable to bicycles applicable to electric assisted
bicycles; makes the federal equipment and manufacturing requirements
for bicycles or motor driven cycles applicable to electric assisted
bicycles; and adds the following operational and safety requirements
for electric assisted bicycles: electric motor disengagement criteria;
all operators and passengers are required to wear bicycle helmets; and
no-one under the age of 16 may operate or as a passenger on an
electric assisted bicycle and establishes the civil fine and
enforcement procedures for failure to wear a helmet.

Section 4 is the effective date.

JUSTIFICATION:

Defining, and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more
akin to bicycles than motorcycles. This will assist in interpreting
the application of the appropriate vehicle and traffic laws to
operators and passengers of these vehicles.

PRIOR LEGISLATIVE HISTORY:

2009-2012: A.2393
2011-2012: A.1350


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE

This act shall take effect immediately.

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

                                 390--A
    Cal. No. 10

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation  to  the  defi-
  nition of electric assisted bicycle

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 102-c to read as follows:
  S 102-C. ELECTRIC ASSISTED BICYCLE. A BICYCLE WITH TWO OR THREE WHEELS
WHICH  HAS  A SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND
ALSO HAS AN ELECTRIC MOTOR.   THE ELECTRIC ASSISTED  BICYCLE'S  ELECTRIC
MOTOR SHALL: HAVE A POWER OUTPUT OF LESS THAN SEVEN HUNDRED FIFTY WATTS;
HAVE A MAXIMUM SPEED OF LESS THAN TWENTY MILES PER HOUR ON A PAVED LEVEL
SURFACE  WHEN POWERED SOLELY BY SUCH A MOTOR WHILE RIDDEN BY AN OPERATOR
WHO WEIGHS ONE HUNDRED SEVENTY  POUNDS;  AND  BE  INCAPABLE  OF  FURTHER
INCREASING  THE  SPEED  OF THE DEVICE WHEN HUMAN POWER IS USED TO PROPEL
THE DEVICE AT OR MORE THAN TWENTY MILES PER HOUR.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one
million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00592-04-3

S. 390--A                           2

chapter,  AND  (E)  ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE
HUNDRED TWO-C OF THIS ARTICLE. For the purposes of title  four  of  this
chapter,  the  term motor vehicle shall exclude fire and police vehicles
other than ambulances.  For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for
snow  plowing,  other than for hire, farm equipment, including self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce, and self-propelled caterpillar or crawler-type equipment  while
being operated on the contract site.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1238-a to read as follows:
  S 1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED  BICY-
CLES,  OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL OF
THE RULES, REGULATIONS AND PROVISIONS APPLICABLE TO  BICYCLES  CONTAINED
IN  THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE
HUNDRED TWO-C OF THIS CHAPTER SHALL COMPLY WITH THE  FOLLOWING  REQUIRE-
MENTS:
  (A)  MEET  THE  EQUIPMENT  AND MANUFACTURING REQUIREMENTS FOR BICYCLES
ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1,  ET
SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION  (49  C.F.R.  571.1,  ET  SEQ.)  IN  ACCORDANCE  WITH THE
NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966  (15  U.S.C.  SEC.
1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
  (B)  OPERATE  IN  A MANNER SO THAT THE ELECTRIC MOTOR IS DISENGAGED OR
CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN  A  MANNER
SUCH  THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT, WHEN
RELEASED, WILL CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE  TO  FUNC-
TION.
  2.   NOTWITHSTANDING   THE   PROVISIONS   OF  SECTION  TWELVE  HUNDRED
THIRTY-EIGHT OF THIS ARTICLE, NO PERSON LESS THAN SIXTEEN YEARS  OF  AGE
SHALL  OPERATE OR RIDE AS A PASSENGER UPON AN ELECTRIC ASSISTED BICYCLE,
AND NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL ALLOW ANY PERSON  LESS
THAN  SIXTEEN  YEARS  OF AGE TO OPERATE OR RIDE AS A PASSENGER UPON SUCH
BICYCLE.
  3. NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL OPERATE OR RIDE AS  A
PASSENGER  ON AN ELECTRIC ASSISTED BICYCLE UNLESS SUCH PERSON IS WEARING
A HELMET MEETING STANDARDS ESTABLISHED  BY  THE  COMMISSIONER.  FOR  THE
PURPOSES  OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET OF
GOOD FIT FASTENED SECURELY ON THE HEAD OF SUCH WEARER  WITH  THE  HELMET
STRAPS SECURELY FASTENED.
  4.  (A)  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OR
THREE OF THIS SECTION SHALL  PAY  A  CIVIL  FINE  NOT  TO  EXCEED  FIFTY
DOLLARS.
  (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS  OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF SUCH
PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF  VIOLATION
AND  THE  APPEARANCE  DATE  FOR  SUCH VIOLATION SUCH PERSON PURCHASED OR
RENTED A HELMET.
  (C) THE COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO  VIOLATES  THE
PROVISIONS  OF  SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF THE
COURT FINDS THAT DUE TO REASONS OF ECONOMIC  HARDSHIP  SUCH  PERSON  WAS
UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON
WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE IN-LINE SKATE AND BICY-
CLE  HELMET  DISTRIBUTION PROGRAM, AS ESTABLISHED IN SECTION TWO HUNDRED
SIX OF THE PUBLIC HEALTH LAW, OR A LOCAL DISTRIBUTION PROGRAM.

S. 390--A                           3

  5. 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.
  6.  A  POLICE  OFFICER  SHALL  ONLY ISSUE A SUMMONS FOR A VIOLATION OF
SUBDIVISION TWO OR THREE OF THIS SECTION BY A PERSON LESS  THAN  SIXTEEN
YEARS  OF  AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION
BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S 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 SIXTEEN YEARS OF AGE.
  S 4.  This act shall take effect immediately.

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