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

                                  10452

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Transportation

AN  ACT  authorizing  the  commissioner  of  transportation to conduct a
  comprehensive study on the efficacy of motorcycle helmets

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

  Section  1.  Legislative  intent. The legislature recognizes that head
injuries are the leading cause of death in  motorcycle  crashes  nation-
wide,  but  also  may  be prevented in many cases with the use of proper
protective headgear. As such, it is vitally important that all  motorcy-
clists  and  passengers  wear federal department of transportation (DOT)
approved helmets as required by section 381 of the vehicle  and  traffic
law to prevent injuries and fatalities.  Moreover, it is imperative that
a  motorcyclist  utilize a DOT-approved helmet that is the correct style
for the type of riding that they are engaged in and that is an appropri-
ate size and fit for their head shape and face structure so that it  can
function properly in the event of a crash.
  To  date,  there  has  not been a comprehensive study conducted in New
York state to examine the efficacy of the variety of styles  of  DOT-ap-
proved  motorcycle  helmets  or the guidelines and safety protocols that
inform the rider of how to properly fit  and  use  this  equipment.  The
legislature  therefore  supports  the  commissioning  of such a study in
order to assess the effectiveness of motorcycle  helmets  in  preventing
fatality  and injury, the functionality of a helmet when improperly worn
and the protocols in place to inform the consumer of how to properly fit
and wear this equipment.
  S 2. The department of transportation shall undertake a  comprehensive
study  on the effectiveness of motorcycle helmets in preventing injuries
and fatalities. The scope of this study shall include:
  1. the efficacy of different styles and types of DOT-approved motorcy-
cle helmets in preventing injury and death; and
  2. the adequacy of established state, federal and manufacturer use and
safety guidelines that inform the consumer of proper helmet fitment  and
wear; and

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

                                                           LBD15662-01-6

A. 10452                            2

  3.  evidence of injury or death resulting from improper helmet fitment
and/or wear; and
  4. any other related information that the commissioner may deem neces-
sary or relevant in carrying out this study.
  S  3.  The  department  of  transportation  shall make a report to the
governor and the legislature of its findings, conclusions and  recommen-
dations  no later than one year after the effective date of this act and
shall submit with this report such legislative  proposals  as  it  deems
necessary to implement its recommendations.
  S  4.  If the department of transportation finds that it does not have
access to adequate state resources  to  conduct  the  study  defined  in
section  two of this act the commissioner is authorized to contract with
an independent entity to conduct such study.
  S 5. This act shall take effect immediately.