NY State Senate Bill 2023-S9037

Senate Bill S9037

2023-2024 Legislative Session

Requires persons the ages of 16 or 17 to wear a helmet when riding a class one or class two bicycle with electric assist

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
Apr 11, 2024	referred to transportation

2023-S9037 (ACTIVE) - Details

See Assembly Version of this Bill:: A3073
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1238, V & T L

2023-S9037 (ACTIVE) - Summary

Requires persons the ages of 16 or 17 to wear a helmet when riding a class one or class two bicycle with electric assist.

2023-S9037 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9037

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
certain persons to wear a helmet when operating a class one or class two
bicycle with electric assist

 
PURPOSE:

To provide that anyone sixteen and seventeen years of age must wear a
helmet when riding or operating a class one or two electric bicycle.

 
SUMMARY OF PROVISIONS:

Section one adds a new subdivision 5-d to section 1238 of the vehicle
and traffic law to provide that no person aged sixteen or seventeen
shall operate or ride on a class one or class two electric bicycle
unless they are wearing a helmet.

Section two provides the effective date.

 
JUSTIFICATION:

Current law requires helmet usage for operators and passengers of class
three electric bicycles.  However, there is no helmet requirement in the
law for class one and class two e-bikes. Operators and passengers on any
class of c-bike must be age sixteen or older. This legislation will
require operators and passengers of class one and two e-bikes who are
ages sixteen and seventeen to wear a helmet. Addressing this gap in the
law is necessary to ensure that everyone riding on any class of e-bike
has the protection of a helmet in the event of a fall or collision.

Furthermore, although e-bikes are being increasingly adopted as an
ecofriendly, cheaper alternative to driving, they do pose risks of inju-
ry that could be mitigated through helmet use. As compared to tradi-
tional bicycles, e-bike riders involved in accidents have higher rate of
traumatic brain injuries and nearly twice the rate of internal injuries
as compared to cyclists. This legislation is necessary to enhance the
safety of those using class one and two e-bikes and to prevent avoidable
injuries.

 
FISCAL IMPACT:

None.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
On April 1 after becoming law.

2023-S9037 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9037
 
                             I N  S E N A T E
 
                              April 11, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  requiring
   certain  persons  to wear a helmet when operating a class one or class
   two bicycle with electric assist
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1238 of the vehicle and traffic law is amended by
 adding a new subdivision 5-d to read as follows:
   5-D. NO PERSON SIXTEEN OR SEVENTEEN YEARS  OF  AGE  SHALL  RIDE  UPON,
 PROPEL  OR OTHERWISE OPERATE A CLASS ONE BICYCLE WITH ELECTRIC ASSIST OR
 A CLASS TWO BICYCLE WITH ELECTRIC ASSIST UNLESS SUCH PERSON IS WEARING A
 HELMET MEETING  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER.  FOR  THE
 PURPOSES  OF  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.
   § 2. Subdivision 6 of section 1238 of the vehicle and traffic law,  as
 amended  by  section  6 of part XX of chapter 58 of the laws of 2020, is
 amended to read as follows:
   6. (a) Any person who violates the  provisions  of  subdivision  five,
 five-a, five-b [or], five-c, OR FIVE-D 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 [or subdivision], five-c, OR FIVE-D 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 waive any fine for which a person who  violates  the
 provisions  of  subdivision five, five-a, five-b, [or] five-c, OR FIVE-D
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03090-04-4
 S. 9037                             2
 
 local distribution program. Such waiver of a fine shall not apply  to  a
 second or subsequent violation of subdivision five-c of this section.
   § 3. This act shall take effect  on the first of April next succeeding
 the  date  upon which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

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