NY State Senate Bill 2023-S2785A

Senate Bill S2785A

2023-2024 Legislative Session

Requires operators of bicycles, skateboards and in-line skates who are under 18 years of age to wear protective headgear

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Nov 01, 2023	print number 2785a
Nov 01, 2023	amend and recommit to transportation
Jan 24, 2023	referred to transportation

Bill Amendments

Original

A (Active)

2023-S2785 - Details

See Assembly Version of this Bill:: A166
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1238, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A359
2011-2012: A4329
2013-2014: A473
2015-2016: A1392
2017-2018: A689
2019-2020: S6655, A1821
2021-2022: S1892, A1348

2023-S2785 - Summary

Requires operators of bicycles, skateboards, inline skates and scooters who are under eighteen years of age to wear protective headgear; increases the age requirement from fourteen years to eighteen years.

2023-S2785 - Sponsor Memo

                                 
BILL NUMBER: S2785

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to required
protective headgear for operators of bicycles, skateboards, in-line
skates and scooters under eighteen years of age

 
PURPOSE:

To protect teens from significant injury or death by making helmet use
while riding a bicycle, scooter, skateboard, or using in-line skates
mandatory for everyone under eighteen years of age. Currently, helmet
use is mandatory for everyone under fourteen years of age.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 1238 of the vehicle and traffic law to change
all current references to helmet use for people aged fourteen and under
in the section to mention people aged eighteen and under.

Section 2: Sets effective date.

 
JUSTIFICATION:

New York State law already requires minors younger than fourteen years
old to wear a helmet when riding a bike, skateboard, scooter, or using
in-line skates. But the state is increasingly taking action to protect
older teens from severe risks. For example, in the 2019 Legislative
session, the Senate passed legislation (S4336) requiring all passengers
over 15 years old to wear seatbelts in the rear of a passenger vehicle.
The Legislature also passed a bill (S2833) to raise the minimum age to
purchase tobacco products from 18 to 21 years old. The time has come to
raise the age of mandatory helmet use to 18. Each year, hundreds of
cyclists are killed in traffic accidents around the country, and at
least 5015 of fatalities occurred in cases where the cyclist was not
wearing a helmet. In 2016, for instance, according to statistics from
the U.S. Department of Transportation, there were 835 fatal bicycle
accidents in the United States, and in 424 instances (51%) the cyclist
was not wearing a helmet and in and additional 274 cases (33%), it was
unknown whether the cyclist was wearing a helmet. Requiring older teens
to wear helmets will save lives and prevent serious injuries to many New
Yorkers.

 
LEGISLATIVE HISTORY:

Senate

2020 - S6655, Referred to Transportation

2021 - 2022 - S1892, Referred to Transportation

Assembly

2020 - A8822, Referred to Transportation

2021-2022 - A8251, Referred to Transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S2785 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2785
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  required
   protective  headgear  for  operators of bicycles, skateboards, in-line
   skates and scooters under eighteen years of age

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading, subdivision 4, paragraphs (a) and (b)
 of subdivision 5, and subdivisions 5-a, 5-b, 8 and 9 of section 1238  of
 the vehicle and traffic law, the section heading as amended by section 4
 and    subdivision 8 as amended by section 7 of part XX of chapter 58 of
 the laws of 2020, subdivision 4 as amended by chapter 267 of the laws of
 1993, paragraphs (a) and (b) of subdivision 5 as amended by chapter  457
 of the laws of 1999, subdivisions 5-a and 9 as amended by chapter 703 of
 the  laws  of  2004,  and subdivision 5-b as added by chapter 402 of the
 laws of 2001, are amended to read as follows:
   Passengers on bicycles under one year of  age  prohibited;  passengers
 and  operators under [fourteen] EIGHTEEN years of age to wear protective
 headgear; operators of class three bicycles with electric assist to wear
 protective headgear.
   4. The court shall waive any fine for which a person who violates  the
 provisions  of paragraph (a) of subdivision two of this section would be
 liable if such person supplies the court with  proof  that  between  the
 date of violation and the appearance date for such violation such person
 purchased  or rented a helmet, which meets the requirements of paragraph
 (a) of subdivision two of this section. Further, the court  shall  waive
 any fine for which a person who violates the provisions of paragraph (b)
 of  subdivision  two  of  this  section  would  be liable if such person
 supplies the court with proof that between the date of violation and the
 appearance date for such violation such person  purchased  or  rented  a
 seat which meets the requirements of paragraph (b) of subdivision two of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05844-01-3

 S. 2785                             2
 
 this  section.  The  court [may] SHALL waive any fine for which a person
 who violates the provisions of subdivision two of this section would  be
 liable  if the court finds that due to reasons of economic hardship such
 person  was  unable  to  purchase  a helmet or seat. Such waiver of fine
 shall not apply to a second or subsequent conviction under paragraph (a)
 or (b) of subdivision two of this section.
   (a) No person operating a bicycle shall allow a person  five  or  more
 years of age and less than [fourteen] EIGHTEEN years of age to ride as a
 passenger on a bicycle unless such passenger is wearing a helmet meeting
 standards established by the commissioner.
   (b) No person, one or more years of age and less than [fourteen] EIGH-
 TEEN years of age, shall operate a bicycle unless such person is wearing
 a helmet meeting standards established by the commissioner.
   5-a.  No  person,  one  or  more years of age and less than [fourteen]
 EIGHTEEN years of age, shall skate or glide on in-line skates or a skate
 board unless such person is wearing a helmet  meeting  standards  estab-
 lished  by the commissioner. For the purposes of this subdivision, wear-
 ing a helmet means having a helmet of good fit fastened securely on  the
 head of such wearer with the helmet straps securely fastened.
   5-b.  No  person less than [fourteen] EIGHTEEN years of age shall ride
 upon, propel or otherwise operate a two-wheeled vehicle commonly  called
 a  scooter  unless  such  person  is  wearing a helmet meeting standards
 established by the commissioner. As used in this subdivision, wearing  a
 helmet means having a properly fitting helmet fixed securely on the head
 of such wearer with the helmet straps securely fastened.
   8.  (a) A police officer shall only issue a summons for a violation of
 subdivision two, five, or five-a of this section by a person  less  than
 [fourteen]  EIGHTEEN  years  of  age  to  the parent or guardian of such
 person if the violation by such person occurs in the  presence  of  such
 person's  parent  or guardian and where such parent or guardian is eigh-
 teen 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
 [fourteen] EIGHTEEN years of age.
   (b) A police officer shall only issue a summons  for  a  violation  of
 subdivision five-c of this section by a person less than [sixteen] EIGH-
 TEEN  years  of  age  to  the  parent  or guardian of such person if the
 violation by such person occurs in the presence of such person's  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] EIGHTEEN years
 of age.
   9.  Subdivisions  five,  five-a, five-b, and six of this section shall
 not be applicable to any county, city, town or village that has  enacted
 a local law or ordinance prior to the effective date of this subdivision
 that  prohibits  a  person who is one or more years of age and less than
 [fourteen] EIGHTEEN years of age from operating a bicycle or skating  or
 gliding  on  in-line  skates  or a skate board without wearing a bicycle
 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,  or  the
 American  Society of Testing and Materials (ASTM) bike helmet standards,
 or that prohibits a person operating a bicycle from  allowing  a  person
 five or more years of age and less than [fourteen] EIGHTEEN years of age
 to  ride  as a passenger on a bicycle unless such passenger is wearing a
 bicycle helmet that meets such standards. The failure of any  person  to
 comply with any such local law or ordinance shall not constitute contri-
 S. 2785                             3
 
 butory  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. The legislative body of a coun-
 ty, city, town or village may  enact  a  local  law  or  ordinance  that
 prohibits  a person who is [fourteen] EIGHTEEN or more years of age from
 skating or gliding on in-line skates, operating a skate board, or  oper-
 ating  or  riding  as a passenger on a bicycle without wearing a bicycle
 helmet.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-S2785A (ACTIVE) - Details

See Assembly Version of this Bill:: A166
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1238, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A359
2011-2012: A4329
2013-2014: A473
2015-2016: A1392
2017-2018: A689
2019-2020: S6655, A1821
2021-2022: S1892, A1348

2023-S2785A (ACTIVE) - Summary

2023-S2785A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2785A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to required
protective headgear for operators of bicycles, skateboards, in-line
skates and scooters under eighteen years of age

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that all persons under eighteen years of age wear protective
headgear while operating bicycles, skateboards, in-line skates, or
scooters. Current law requires that all persons under fourteen years of
age wear such headgear.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends section 1238 of the vehicle and traffic law by changing the age
up to which all passengers and operators of bicycles, skateboards,
in-line skates, or scooters are required to wear protective headgear
from fourteen years to eighteen years.

 
JUSTIFICATION:

Data from the NYS Department of Health showed that, from 1990-1992, New
Yorkers aged 15 to 19 had more than twice as high a rate of hospitalisa-
tion due to bicycle injuries than those aged 20 to 24. The rates were
about five times higher for males when compared with females

In 2004, the Safe Kids Campaign reported that bicycle riders without
helmets are 14 times more likely to be involved in a fatal crash than
riders wearing helmets. Head injuries are the cause of over 60 percent
of bicycle-related deaths, two-thirds of bicycle-related hospital admis-
sions, and one-third of hospital emergency room visits for bicycling
injuries. Every dollar spent on a safety helmet is estimated to save
society $30 dollars in both direct medical and other societal costs.

The National Safe Kids Campaign reported in 2002 that helmet use reduces
the risk of brain injury by up to 88%. A study published in Injury
Prevention in 2002 demonstrated that state helmet laws increase helmet
usage by almost 20%. To protect the health and safety of our younger
citizens, I am introducing this legislation to increase the age require-
ment for helmet usage in New York State to 18 years of age. Several
counties already require helmet usage above the age of fourteen, and the
state should follow suit

 
LEGISLATIVE HISTORY:

Senate

2020 - S6655, Referred to Transportation

2021-2022- S1892, Referred to Transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:

2023-S2785A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2785--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  required
   protective  headgear  for  operators of bicycles, skateboards, in-line
   skates and scooters under eighteen years of age
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading, subdivision 4, paragraphs (a) and (b)
 of subdivision 5, and subdivisions 5-a, 5-b, 6, paragraph (a) of  subdi-
 vision  8  and  subdivision 9 of section 1238 of the vehicle and traffic
 law, the section heading, subdivision 6 and paragraph (a) of subdivision
 8 as amended by sections 4, 6, and 7 of part XX of  chapter  58  of  the
 laws  of  2020, respectively, subdivision 4 as amended by chapter 267 of
 the laws of 1993, paragraphs (a) and (b) of subdivision 5 as amended  by
 chapter  457  of  the laws of 1999, subdivision 5-a and subdivision 9 as
 amended by chapter 703 of the laws of 2004, subdivision 5-b as added  by
 chapter 402 of the laws of 2001, are amended to read as follows:
   Passengers  on  bicycles  under one year of age prohibited; passengers
 and operators under [fourteen] EIGHTEEN years of age to wear  protective
 headgear; operators of class three bicycles with electric assist to wear
 protective headgear.
   4.  The court shall waive any fine for which a person who violates the
 provisions of paragraph (a) of subdivision two of this section would  be
 liable  if  such  person  supplies the court with proof that between the
 date of violation and the appearance date for such violation such person
 purchased or rented a helmet, which meets the requirements of  paragraph
 (a)  of  subdivision two of this section. Further, the court shall waive
 any fine for which a person who violates the provisions of paragraph (b)
 of subdivision two of this  section  would  be  liable  if  such  person
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05844-02-3

 S. 2785--A                          2
 
 supplies the court with proof that between the date of violation and the
 appearance  date  for  such  violation such person purchased or rented a
 seat which meets the requirements of paragraph (b) of subdivision two of
 this  section.  The  court [may] SHALL waive any fine for which a person
 who violates the provisions of subdivision two of this section would  be
 liable  if the court finds that due to reasons of economic hardship such
 person was unable to purchase a helmet or  seat.  Such  waiver  of  fine
 shall not apply to a second or subsequent conviction under paragraph (a)
 or (b) of subdivision two of this section.
   (a)  No  person  operating a bicycle shall allow a person five or more
 years of age and less than [fourteen] EIGHTEEN years of age to ride as a
 passenger on a bicycle unless such passenger is wearing a helmet meeting
 standards established by the commissioner.
   (b) No person, one or more years of age and less than [fourteen] EIGH-
 TEEN years of age, shall operate a bicycle unless such person is wearing
 a helmet meeting standards established by the commissioner.
   5-a. No person, one or more years of  age  and  less  than  [fourteen]
 EIGHTEEN years of age, shall skate or glide on in-line skates or a skate
 board  unless  such  person is wearing a helmet meeting standards estab-
 lished by the commissioner. For the purposes of this subdivision,  wear-
 ing  a helmet means having a helmet of good fit fastened securely on the
 head of such wearer with the helmet straps securely fastened.
   5-b. No person less than [fourteen] EIGHTEEN years of age  shall  ride
 upon,  propel or otherwise operate a two-wheeled vehicle commonly called
 a scooter unless such person  is  wearing  a  helmet  meeting  standards
 established  by the commissioner. As used in this subdivision, wearing a
 helmet means having a properly fitting helmet fixed securely on the head
 of such wearer with the helmet straps securely fastened.
   6. (a) Any person who violates the  provisions  of  subdivision  five,
 five-a,  five-b  or five-c of this section shall pay a civil fine not to
 exceed fifty dollars.
   (b) The court shall waive any fine for which a person who violates the
 provisions of subdivision five, FIVE-A, FIVE-B or subdivision five-c  of
 this  section  would  be  liable  if such person supplies the court with
 proof that between the date of violation and  the  appearance  date  for
 such violation such person purchased or rented a helmet.
   (c)  The  court  [may]  SHALL  waive  any  fine for which a person who
 violates the provisions of subdivision five, five-a, five-b,  or  five-c
 of  this  section would be liable if the court finds that due to reasons
 of economic hardship such person was unable to purchase a helmet or  due
 to such economic hardship such person was unable to obtain a helmet from
 the  statewide in-line skate and bicycle helmet distribution program, as
 established in section two hundred six of the public health  law,  or  a
 local  distribution  program. Such waiver of a fine shall not apply to a
 second or subsequent violation of subdivision five-c of this section.
   (a) A police officer shall only issue a summons  for  a  violation  of
 subdivision  two,  five, or five-a of this section by a person less than
 [fourteen] EIGHTEEN years of age to  the  parent  or  guardian  of  such
 person  if  the  violation by such person occurs in the presence of such
 person's parent or guardian and where such parent or guardian  is  eigh-
 teen  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
 [fourteen] EIGHTEEN years of age.
   9.  Subdivisions  five,  five-a, five-b, and six of this section shall
 not be applicable to any county, city, town or village that has  enacted
 a local law or ordinance prior to the effective date of this subdivision
 S. 2785--A                          3
 
 that  prohibits  a  person who is one or more years of age and less than
 [fourteen] EIGHTEEN years of age from operating a bicycle or skating  or
 gliding  on  in-line  skates  or a skate board without wearing a bicycle
 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, or the
 American Society of Testing and Materials (ASTM) bike helmet  standards,
 or  that  prohibits  a person operating a bicycle from allowing a person
 five or more years of age and less than [fourteen] EIGHTEEN years of age
 to ride as a passenger on a bicycle unless such passenger is  wearing  a
 bicycle  helmet  that meets such standards. The failure of any person to
 comply with any such local law or ordinance shall not constitute contri-
 butory 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. The legislative body of a  coun-
 ty,  city,  town  or  village  may  enact  a local law or ordinance that
 prohibits a person who is [fourteen] EIGHTEEN or more years of age  from
 skating  or gliding on in-line skates, operating a skate board, or oper-
 ating or riding as a passenger on a bicycle without  wearing  a  bicycle
 helmet.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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