N.Y. Vehicle & Traffic Law § 1265: Wearing of helmets

§ 1265. Wearing of helmets. 1. No person less than eighteen years of

age shall ride a horse unless such person is wearing a helmet meeting or

exceeding ASTM F1163 (Safety Equipment Institute certified) Equestrian

Standard. For purposes of this section, "certified" shall mean that the

helmet's manufacturer agrees to the rules and provisions of a system

that includes independent testing and quality control audits, and that

each helmet manufactured by such manufacturer is permanently marked with

the certifying body's registered mark or logo before such helmet is sold

or offered for sale. For the purposes of this section, wearing a helmet

means having a helmet fastened securely upon the head using the

manufacturer's fitting guidelines for the particular model used.

2. Any person who violates the provisions of this section shall pay a

civil fine not to exceed two hundred fifty dollars. A police officer

shall only issue a summons for a violation of this section by a person

less than eighteen 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 eighteen years

of age.

3. (a) The court shall waive any civil fine for which a person who

violates the provisions 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.

(b) The court may waive any civil fine for which a person who violates

the provisions of the section would be liable if the court finds that

due to reasons of economic hardship such person was unable to purchase a

helmet.

4. 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.