N.Y. Vehicle & Traffic Law § 1238: Passengers on bicycles under one year of age prohibited; passengers and operators under fourteen years of age to wear protective headgear...

§ 1238. Passengers on bicycles under one year of age prohibited;

passengers and operators under fourteen years of age to wear protective

headgear; operators of class three bicycles with electric assist to wear

protective headgear. 1. No person operating a bicycle shall allow a

person who is under one year of age to ride as a passenger on a bicycle

nor shall such person be carried in a pack fastened to the operator. A

first violation of the provisions of this subdivision shall result in no

fine. A second violation shall result in a civil fine not to exceed

fifty dollars.

2. No person operating a bicycle shall allow a person one or more

years of age and less than five years of age to ride as a passenger on a

bicycle unless:

(a) such passenger is wearing a helmet meeting standards established

by the commissioner. For the purposes of this subdivision wearing a

helmet means having a helmet of good fit fastened securely upon the head

with the helmet straps; and

(b) such passenger is placed in a separate seat attached to the

bicycle and such seat shall have adequate provision for retaining the

passenger in place and for protecting the passenger from the moving

parts of the bicycle.

2-a. The commissioner shall promulgate rules and regulations

establishing standards for helmets required to be worn while bicycling,

in-line skating, or operating a skate board. Such standards, to the

extent practicable, shall reflect the standards recommended by the Snell

Memorial Foundation, Safety Equipment Institute, or United States

Consumer Product Safety Commission.

3. Any person who violates the provisions of subdivision two of this

section shall pay a civil fine not to exceed fifty dollars.

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

this section. The court may 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.

5. (a) No person operating a bicycle shall allow a person five or more

years of age and less than fourteen 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 years

of age, shall operate a bicycle unless such person is wearing a helmet

meeting standards established by the commissioner.

(c) For the purposes of this subdivision wearing a helmet means having

a helmet of good fit fastened securely upon the head with the helmet

straps.

5-a. No person, one or more years of age and less than fourteen years

of age, shall skate or glide on in-line skates or a skate board 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 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 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.

5-c. No person shall ride upon, propel or otherwise operate a class

three 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.

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 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 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.

7. The failure of any person to comply with the provisions of this

section shall not constitute contributory 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.

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 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 fourteen 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 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 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 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 Institute (Ansi Z 90.4

bicycle helmet standards), the Snell Memorial Foundation'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 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 contributory 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 county, city, town or village may

enact a local law or ordinance that prohibits a person who is fourteen

or more years of age from skating or gliding on in-line skates,

operating a skate board, or operating or riding as a passenger on a

bicycle without wearing a bicycle helmet.

10. No person shall skate or glide on in-line skates or a skate board

outside during the period of time between one-half hour after sunset and

one-half hour before sunrise unless such person is wearing readily

visible reflective clothing or material which is of a light or bright

color.