Senate Bill S695

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    695
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to requiring all persons operating a bicycle to wear a helmet

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 10-157.2 to read as follows:
   § 10-157.2 HELMET REQUIREMENT FOR PERSONS OPERATING BICYCLES. A. DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (1)  THE  TERM "BICYCLE" SHALL MEAN 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 A TANDEM OR TRICYCLE.
   (2)  THE  TERM "PUBLIC HIGHWAY" MEANS ANY HIGHWAY, ROAD, STREET, ROAD-
 WAY, SIDEWALK, AVENUE, ALLEY, PUBLIC PLACE, PUBLIC DRIVEWAY OR ANY OTHER
 PUBLIC WAY.
   (3) 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 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  COMMIS-
 SIONER OF PARKS AND RECREATION.
   C.  NO  PERSON SHALL OPERATE A BICYCLE UNLESS SUCH PERSON IS WEARING A
 HELMET MEETING THE STANDARDS OF THE AMERICAN NATIONAL  STANDARDS  INSTI-
 TUTE  (ANSI Z 90.4 BICYCLE HELMET STANDARDS), THE SNELL MEMORIAL FOUNDA-
 TION'S STANDARDS FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING, THE AMER-
 ICAN SOCIETY OF TESTING  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01158-01-9

 S. 695                              2
 
   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.  FOR  A
 VIOLATION  OF THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS OF AGE, 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 SIXTEEN YEARS  OF  AGE
 SHALL BE LIABLE FOR A VIOLATION OF THIS SECTION BY SUCH PERSON LESS THAN
 SIXTEEN  YEARS  OF  AGE.  A SUMMONS FOR A VIOLATION OF THIS SECTION BY A
 PERSON LESS THAN SIXTEEN 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  GUARDIAN 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.
   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 HEALTH INFORMATION PROGRAM,
 WHICH SHALL INCLUDE INFORMATION  EXPLAINING  THE  HAZARDS  OF  OPERATING
 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.
   § 2.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.