Assembly Bill A8092

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8092
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 29, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  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, electric bicycle 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 114-f to read as follows:
   §  114-F. ELECTRIC BICYCLE. EVERY BICYCLE EQUIPPED WITH FULLY OPERABLE
 PEDALS AND AN ELECTRIC MOTOR WITH AN OUTPUT OF LESS THAN  SEVEN  HUNDRED
 FIFTY  WATTS  WHEREBY SUCH ELECTRIC MOTOR ENGAGES ONLY WHEN THE OPERATOR
 IS PEDALING AND DISENGAGES OR CEASES TO  FUNCTION  WHEN  SUCH  BICYCLE'S
 BRAKES  ARE  APPLIED,  THE  OPERATOR  STOPS  PEDALING,  OR  SUCH BICYCLE
 ACHIEVES A SPEED OF TWENTY MILES PER HOUR OR MORE.
   § 2. 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, ELECTRIC
 BICYCLE 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 BICYCLE,  ELEC-
 TRIC  BICYCLE 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, ELECTRIC BICYCLE 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 TESTING AND MATE-
 RIALS  (ASTM) STANDARDS FOR BICYCLE HELMETS, THE SAFETY EQUIPMENT INSTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02938-01-3
 A. 8092                             2
              

 
 TUTE STANDARDS FOR BICYCLE HELMETS, OR THE UNITED STATES CONSUMER  PROD-
 UCT 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
 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.