S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    214
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. CAHILL, LUPARDO, M. G. MILLER, D'URSO, ENGLE-
   BRIGHT, CROUCH, McDONOUGH, COOK, SEAWRIGHT, WILLIAMS,  PEOPLES-STOKES,
   HUNTER  -- Multi-Sponsored by -- M. of A. FITZPATRICK, SIMON, TAGUE --
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00071-01-9
              

 A. 214                              2
 
   §  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
   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.
   §  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.
   §  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.
   § 5. This act shall take effect immediately.