§ 1276 — Operators to wear protective headgear

§ 1276. Operators to wear protective headgear. 1. No person shall ride\nupon, propel or otherwise operate an electric personal assistive\nmobility device unless such person is wearing a helmet meeting standards\nestablished by the commissioner pursuant to the provisions of\nsubdivision two-a of section twelve hundred thirty-eight of this title.\nAs used in 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 2. Any person who violates the provisions of subdivision one of this\nsection shall pay a civil fine not to exceed fifty dollars.\n 3. The court shall waive any fine for which a person who violates the\nprovisions of subdivision one of this section would be liable if such\nperson supplies the court with proof that between the date of violation\nand the appearance date for such violation such person purchased or\nrented a helmet, which meets the requirements of subdivision one of this\nsection, or if the court finds that due to reasons of economic hardship\nsuch person was unable to purchase a helmet or due to such economic\nhardship such person was unable to obtain a helmet from the statewide\nin-line skate and bicycle helmet distribution program, as established in\nsection two hundred six of the public health law or a local distribution\nprogram. Such waiver of fine shall not apply to a second or subsequent\nconviction under subdivision one of this section.\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 5. A police officer shall only issue a summons for a violation of\nsubdivision one of this section by a person less than fourteen years of\nage 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 older. Such\nsummons shall only be issued to such parent or guardian, and shall not\nbe issued to the person less than fourteen years of age.\n