§ 1238. Passengers on bicycles under one year of age prohibited;\npassengers and operators under fourteen years of age to wear protective\nheadgear; operators of class three bicycles with electric assist to wear\nprotective headgear.
1.No person operating a bicycle shall allow a\nperson who is under one year of age to ride as a passenger on a bicycle\nnor shall such person be carried in a pack fastened to the operator. A\nfirst violation of the provisions of this subdivision shall result in no\nfine. A second violation shall result in a civil fine not to exceed\nfifty dollars.\n 2. No person operating a bicycle shall allow a person one or more\nyears of age and less than five years of age to ride as a passenger on a\nbicycle unless:\n (a) such passenger is wearing a helmet meeting sta
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§ 1238. Passengers on bicycles under one year of age prohibited;\npassengers and operators under fourteen years of age to wear protective\nheadgear; operators of class three bicycles with electric assist to wear\nprotective headgear. 1. No person operating a bicycle shall allow a\nperson who is under one year of age to ride as a passenger on a bicycle\nnor shall such person be carried in a pack fastened to the operator. A\nfirst violation of the provisions of this subdivision shall result in no\nfine. A second violation shall result in a civil fine not to exceed\nfifty dollars.\n 2. No person operating a bicycle shall allow a person one or more\nyears of age and less than five years of age to ride as a passenger on a\nbicycle unless:\n (a) such passenger is wearing a helmet meeting standards established\nby the commissioner. For the purposes of this subdivision wearing a\nhelmet means having a helmet of good fit fastened securely upon the head\nwith the helmet straps; and\n (b) such passenger is placed in a separate seat attached to the\nbicycle and such seat shall have adequate provision for retaining the\npassenger in place and for protecting the passenger from the moving\nparts of the bicycle.\n 2-a. The commissioner shall promulgate rules and regulations\nestablishing standards for helmets required to be worn while bicycling,\nin-line skating, or operating a skate board. Such standards, to the\nextent practicable, shall reflect the standards recommended by the Snell\nMemorial Foundation, Safety Equipment Institute, or United States\nConsumer Product Safety Commission.\n 3. Any person who violates the provisions of subdivision two of this\nsection shall pay a civil fine not to exceed fifty dollars.\n 4. The court shall waive any fine for which a person who violates the\nprovisions of paragraph (a) of subdivision two of this section would be\nliable if such person supplies the court with proof that between the\ndate of violation and the appearance date for such violation such person\npurchased or rented a helmet, which meets the requirements of paragraph\n(a) of subdivision two of this section. Further, the court shall waive\nany fine for which a person who violates the provisions of paragraph (b)\nof subdivision two of this section would be liable if such person\nsupplies the court with proof that between the date of violation and the\nappearance date for such violation such person purchased or rented a\nseat which meets the requirements of paragraph (b) of subdivision two of\nthis section. The court may waive any fine for which a person who\nviolates the provisions of subdivision two of this section would be\nliable if the court finds that due to reasons of economic hardship such\nperson was unable to purchase a helmet or seat. Such waiver of fine\nshall not apply to a second or subsequent conviction under paragraph (a)\nor (b) of subdivision two of this section.\n 5. (a) No person operating a bicycle shall allow a person five or more\nyears of age and less than fourteen years of age to ride as a passenger\non a bicycle unless such passenger is wearing a helmet meeting standards\nestablished by the commissioner.\n (b) No person, one or more years of age and less than fourteen years\nof age, shall operate a bicycle unless such person is wearing a helmet\nmeeting standards established by the commissioner.\n (c) For the purposes of this subdivision wearing a helmet means having\na helmet of good fit fastened securely upon the head with the helmet\nstraps.\n 5-a. No person, one or more years of age and less than fourteen years\nof age, shall skate or glide on in-line skates or a skate board unless\nsuch person is wearing a helmet meeting standards established by the\ncommissioner. For the purposes of this subdivision, wearing a helmet\nmeans having a helmet of good fit fastened securely on the head of such\nwearer with the helmet straps securely fastened.\n 5-b. No person less than fourteen years of age shall ride upon, propel\nor otherwise operate a two-wheeled vehicle commonly called a scooter\nunless such person is wearing a helmet meeting standards established by\nthe commissioner. As used in this subdivision, wearing a helmet means\nhaving a properly fitting helmet fixed securely on the head of such\nwearer with the helmet straps securely fastened.\n 5-c. No person shall ride upon, propel or otherwise operate a class\nthree bicycle with electric assist unless such person is wearing a\nhelmet meeting standards established by the commissioner. For the\npurposes of this subdivision, wearing a helmet means having a properly\nfitting helmet fixed securely on the head of such wearer with the helmet\nstraps securely fastened.\n 6. (a) Any person who violates the provisions of subdivision five,\nfive-a, five-b or five-c of this section shall pay a civil fine not to\nexceed fifty dollars.\n (b) The court shall waive any fine for which a person who violates the\nprovisions of subdivision five or subdivision five-c of this section\nwould be liable if such person supplies the court with proof that\nbetween the date of violation and the appearance date for such violation\nsuch person purchased or rented a helmet.\n (c) The court may waive any fine for which a person who violates the\nprovisions of subdivision five, five-a, five-b, or five-c of this\nsection would be liable if the court finds that due to reasons of\neconomic hardship such person was unable to purchase a helmet or due to\nsuch economic hardship such person was unable to obtain a helmet from\nthe statewide in-line skate and bicycle helmet distribution program, as\nestablished in section two hundred six of the public health law, or a\nlocal distribution program. Such waiver of a fine shall not apply to a\nsecond or subsequent violation of subdivision five-c of this section.\n 7. The failure of any person to comply with the provisions of this\nsection shall not constitute contributory negligence or assumption of\nrisk, and shall not in any way bar, preclude or foreclose an action for\npersonal injury or wrongful death by or on behalf of such person, nor in\nany way diminish or reduce the damages recoverable in any such action.\n 8. (a) A police officer shall only issue a summons for a violation of\nsubdivision two, five, or five-a of this section by a person less than\nfourteen years of age to the parent or guardian of such person if the\nviolation by such person occurs in the presence of such person's parent\nor guardian and where such parent or guardian is eighteen years of age\nor more. Such summons shall only be issued to such parent or guardian,\nand shall not be issued to the person less than fourteen years of age.\n (b) A police officer shall only issue a summons for a violation of\nsubdivision five-c of this section by a person less than sixteen years\nof age to the parent or guardian of such person if the violation by such\nperson occurs in the presence of such person's parent or guardian and\nwhere such parent or guardian is eighteen years of age or more. Such\nsummons shall only be issued to such parent or guardian, and shall not\nbe issued to the person less than sixteen years of age.\n 9. Subdivisions five, five-a, five-b, and six of this section shall\nnot be applicable to any county, city, town or village that has enacted\na local law or ordinance prior to the effective date of this subdivision\nthat prohibits a person who is one or more years of age and less than\nfourteen years of age from operating a bicycle or skating or gliding on\nin-line skates or a skate board without wearing a bicycle helmet meeting\nthe standards of the American National Standards Institute (Ansi Z 90.4\nbicycle helmet standards), the Snell Memorial Foundation's Standards for\nProtective Headgear for use in Bicycling, or the American Society of\nTesting and Materials (ASTM) bike helmet standards, or that prohibits a\nperson operating a bicycle from allowing a person five or more years of\nage and less than fourteen years of age to ride as a passenger on a\nbicycle unless such passenger is wearing a bicycle helmet that meets\nsuch standards. The failure of any person to comply with any such local\nlaw or ordinance shall not constitute contributory negligence or\nassumption of risk, and shall not in any way bar, preclude or foreclose\nan action for personal injury or wrongful death by or on behalf of such\nperson, nor in any way diminish or reduce the damages recoverable in any\nsuch action. The legislative body of a county, city, town or village may\nenact a local law or ordinance that prohibits a person who is fourteen\nor more years of age from skating or gliding on in-line skates,\noperating a skate board, or operating or riding as a passenger on a\nbicycle without wearing a bicycle helmet.\n 10. No person shall skate or glide on in-line skates or a skate board\noutside during the period of time between one-half hour after sunset and\none-half hour before sunrise unless such person is wearing readily\nvisible reflective clothing or material which is of a light or bright\ncolor.\n