Assembly Bill A9876

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9876
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   all persons in a city having a population of one million or more oper-
   ating a bicycle, bicycle with electric assist or electric  scooter  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 vehicle and traffic law is  amended  by  adding  a  new
 section 1242-b to read as follows:
   §  1242-B. HELMET REQUIREMENT FOR OPERATORS OF A BICYCLE, BICYCLE WITH
 ELECTRIC ASSIST OR ELECTRIC SCOOTER IN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE. 1. THIS SECTION IS APPLICABLE TO ALL PERSONS IN A  CITY
 HAVING  A POPULATION OF ONE MILLION OR MORE FOR THE OPERATION OF A BICY-
 CLE, BICYCLE WITH ELECTRIC ASSIST OR ELECTRIC SCOOTER  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.
   2.  NO PERSON SHALL OPERATE A BICYCLE, BICYCLE WITH ELECTRIC ASSIST OR
 ELECTRIC SCOOTER 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.
   3.  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 TWO-A OF THIS CHAPTER.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15317-01-2
 A. 9876                             2

 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.
   4. 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.
   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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.