S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    590
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02756-01-5
 A. 590                              2
 
 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.
   § 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.