STATE OF NEW YORK ________________________________________________________________________ 3327 2025-2026 Regular Sessions IN SENATE January 24, 2025 ___________ 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: 1 Section 1. The section heading, subdivision 4, paragraphs (a) and (b) 2 of subdivision 5, and subdivisions 5-a, 5-b, 6, paragraph (a) of subdi- 3 vision 8 and subdivision 9 of section 1238 of the vehicle and traffic 4 law, the section heading, subdivision 6 and paragraph (a) of subdivision 5 8 as amended by sections 4, 6, and 7 of part XX of chapter 58 of the 6 laws of 2020, respectively, subdivision 4 as amended by chapter 267 of 7 the laws of 1993, paragraphs (a) and (b) of subdivision 5 as amended by 8 chapter 457 of the laws of 1999, subdivision 5-a and subdivision 9 as 9 amended by chapter 703 of the laws of 2004, subdivision 5-b as added by 10 chapter 402 of the laws of 2001, are amended to read as follows: 11 Passengers on bicycles under one year of age prohibited; passengers 12 and operators under [fourteen] eighteen years of age to wear protective 13 headgear; operators of class three bicycles with electric assist to wear 14 protective headgear. 15 4. The court shall waive any fine for which a person who violates the 16 provisions of paragraph (a) of subdivision two of this section would be 17 liable if such person supplies the court with proof that between the 18 date of violation and the appearance date for such violation such person 19 purchased or rented a helmet, which meets the requirements of paragraph 20 (a) of subdivision two of this section. Further, the court shall waive 21 any fine for which a person who violates the provisions of paragraph (b) 22 of subdivision two of this section would be liable if such person 23 supplies the court with proof that between the date of violation and the 24 appearance date for such violation such person purchased or rented a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00809-01-5
S. 3327 2 1 seat which meets the requirements of paragraph (b) of subdivision two of 2 this section. The court [may] shall waive any fine for which a person 3 who violates the provisions of subdivision two of this section would be 4 liable if the court finds that due to reasons of economic hardship such 5 person was unable to purchase a helmet or seat. Such waiver of fine 6 shall not apply to a second or subsequent conviction under paragraph (a) 7 or (b) of subdivision two of this section. 8 (a) No person operating a bicycle shall allow a person five or more 9 years of age and less than [fourteen] eighteen years of age to ride as a 10 passenger on a bicycle unless such passenger is wearing a helmet meeting 11 standards established by the commissioner. 12 (b) No person, one or more years of age and less than [fourteen] eigh- 13 teen years of age, shall operate a bicycle unless such person is wearing 14 a helmet meeting standards established by the commissioner. 15 5-a. No person, one or more years of age and less than [fourteen] 16 eighteen years of age, shall skate or glide on in-line skates or a skate 17 board unless such person is wearing a helmet meeting standards estab- 18 lished by the commissioner. For the purposes of this subdivision, wear- 19 ing a helmet means having a helmet of good fit fastened securely on the 20 head of such wearer with the helmet straps securely fastened. 21 5-b. No person less than [fourteen] eighteen years of age shall ride 22 upon, propel or otherwise operate a two-wheeled vehicle commonly called 23 a scooter unless such person is wearing a helmet meeting standards 24 established by the commissioner. As used in this subdivision, wearing a 25 helmet means having a properly fitting helmet fixed securely on the head 26 of such wearer with the helmet straps securely fastened. 27 6. (a) Any person who violates the provisions of subdivision five, 28 five-a, five-b or five-c of this section shall pay a civil fine not to 29 exceed fifty dollars. 30 (b) The court shall waive any fine for which a person who violates the 31 provisions of subdivision five, five-a, five-b or subdivision five-c of 32 this section would be liable if such person supplies the court with 33 proof that between the date of violation and the appearance date for 34 such violation such person purchased or rented a helmet. 35 (c) The court [may] shall waive any fine for which a person who 36 violates the provisions of subdivision five, five-a, five-b, or five-c 37 of this section would be liable if the court finds that due to reasons 38 of economic hardship such person was unable to purchase a helmet or due 39 to such economic hardship such person was unable to obtain a helmet from 40 the statewide in-line skate and bicycle helmet distribution program, as 41 established in section two hundred six of the public health law, or a 42 local distribution program. Such waiver of a fine shall not apply to a 43 second or subsequent violation of subdivision five-c of this section. 44 (a) A police officer shall only issue a summons for a violation of 45 subdivision two, five, or five-a of this section by a person less than 46 [fourteen] eighteen years of age to the parent or guardian of such 47 person if the violation by such person occurs in the presence of such 48 person's parent or guardian and where such parent or guardian is eigh- 49 teen years of age or more. Such summons shall only be issued to such 50 parent or guardian, and shall not be issued to the person less than 51 [fourteen] eighteen years of age. 52 9. Subdivisions five, five-a, five-b, and six of this section shall 53 not be applicable to any county, city, town or village that has enacted 54 a local law or ordinance prior to the effective date of this subdivision 55 that prohibits a person who is one or more years of age and less than 56 [fourteen] eighteen years of age from operating a bicycle or skating or
S. 3327 3 1 gliding on in-line skates or a skate board without wearing a bicycle 2 helmet meeting the standards of the American National Standards Insti- 3 tute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial Founda- 4 tion's Standards for Protective Headgear for use in Bicycling, or the 5 American Society of Testing and Materials (ASTM) bike helmet standards, 6 or that prohibits a person operating a bicycle from allowing a person 7 five or more years of age and less than [fourteen] eighteen years of age 8 to ride as a passenger on a bicycle unless such passenger is wearing a 9 bicycle helmet that meets such standards. The failure of any person to 10 comply with any such local law or ordinance shall not constitute contri- 11 butory negligence or assumption of risk, and shall not in any way bar, 12 preclude or foreclose an action for personal injury or wrongful death by 13 or on behalf of such person, nor in any way diminish or reduce the 14 damages recoverable in any such action. The legislative body of a coun- 15 ty, city, town or village may enact a local law or ordinance that 16 prohibits a person who is [fourteen] eighteen or more years of age from 17 skating or gliding on in-line skates, operating a skate board, or oper- 18 ating or riding as a passenger on a bicycle without wearing a bicycle 19 helmet. 20 § 2. This act shall take effect on the one hundred eightieth day after 21 it shall have become a law.