N.Y. Vehicle & Traffic Law § 1276: Operators to wear protective headgear

§ 1276. Operators to wear protective headgear. 1. No person shall ride

upon, propel or otherwise operate an electric personal assistive

mobility device unless such person is wearing a helmet meeting standards

established by the commissioner pursuant to the provisions of

subdivision two-a of section twelve hundred thirty-eight of this title.

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.

2. Any person who violates the provisions of subdivision one of this

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

3. The court shall waive any fine for which a person who violates the

provisions of subdivision one 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 subdivision one of this

section, or 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 fine shall not apply to a second or subsequent

conviction under subdivision one of this section.

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.

5. A police officer shall only issue a summons for a violation of

subdivision one 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 older. 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.