§ 1265. Wearing of helmets.
1.No person less than eighteen years of\nage shall ride a horse unless such person is wearing a helmet meeting or\nexceeding ASTM F1163 (Safety Equipment Institute certified) Equestrian\nStandard. For purposes of this section, "certified" shall mean that the\nhelmet's manufacturer agrees to the rules and provisions of a system\nthat includes independent testing and quality control audits, and that\neach helmet manufactured by such manufacturer is permanently marked with\nthe certifying body's registered mark or logo before such helmet is sold\nor offered for sale. For the purposes of this section, wearing a helmet\nmeans having a helmet fastened securely upon the head using the\nmanufacturer's fitting guidelines for the particular model used.\n 2. Any person
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§ 1265. Wearing of helmets. 1. No person less than eighteen years of\nage shall ride a horse unless such person is wearing a helmet meeting or\nexceeding ASTM F1163 (Safety Equipment Institute certified) Equestrian\nStandard. For purposes of this section, "certified" shall mean that the\nhelmet's manufacturer agrees to the rules and provisions of a system\nthat includes independent testing and quality control audits, and that\neach helmet manufactured by such manufacturer is permanently marked with\nthe certifying body's registered mark or logo before such helmet is sold\nor offered for sale. For the purposes of this section, wearing a helmet\nmeans having a helmet fastened securely upon the head using the\nmanufacturer's fitting guidelines for the particular model used.\n 2. Any person who violates the provisions of this section shall pay a\ncivil fine not to exceed two hundred fifty dollars. A police officer\nshall only issue a summons for a violation of this section by a person\nless than eighteen years of age to the parent or guardian of such person\nif the violation by such person occurs in the presence of such person's\nparent or guardian and where such parent or guardian is eighteen years\nof age or more. Such summons shall only be issued to such parent or\nguardian, and shall not be issued to the person less than eighteen years\nof age.\n 3. (a) The court shall waive any civil fine for which a person who\nviolates the provisions 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\nhelmet.\n (b) The court may waive any civil fine for which a person who violates\nthe provisions of the section would be liable if the court finds that\ndue to reasons of economic hardship such person was unable to purchase a\nhelmet.\n 4. 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