Senate Bill S1542

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1542
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02756-01-5
              

 S. 1542                             2
 
 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.