NY Veh & Traf L § 1238 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 34 - Operation of Bicycles and Play Devices 1238 - Passengers on Bicycles Under One Year of Age Prohibited; Passengers and Operators Under Fourteen Years of Age to Wear Protective Headgear; Operators of Class Three Bicycles With Electric Assist to Wear Protective Headgear.

§ 1238. Passengers  on  bicycles  under  one  year  of age prohibited; passengers and operators under fourteen years of age to wear  protective headgear; operators of class three bicycles with electric assist to wear protective  headgear.  1.  No  person  operating a bicycle shall allow a person who is under one year of age to ride as a passenger on a  bicycle nor  shall  such person be carried in a pack fastened to the operator. A first violation of the provisions of this subdivision shall result in no fine. A second violation shall result in a  civil  fine  not  to  exceed fifty dollars.   2.  No  person  operating  a  bicycle shall allow a person one or more years of age and less than five years of age to ride as a passenger on a bicycle unless:  (a) such passenger is wearing a helmet meeting  standards  established by  the  commissioner.  For  the  purposes of this subdivision wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps; and  (b) such passenger is placed  in  a  separate  seat  attached  to  the bicycle  and  such  seat shall have adequate provision for retaining the passenger in place and for protecting  the  passenger  from  the  moving parts of the bicycle.   2-a.   The   commissioner   shall  promulgate  rules  and  regulations establishing standards for helmets required to be worn while  bicycling, in-line  skating,  or  operating  a  skate board. Such standards, to the extent practicable, shall reflect the standards recommended by the Snell Memorial  Foundation,  Safety  Equipment  Institute,  or  United  States Consumer Product Safety Commission.   3.  Any  person who violates the provisions of subdivision two of this section shall pay a civil fine not to exceed fifty dollars.   4. The court shall waive any fine for which a person who violates  the provisions  of paragraph (a) of subdivision two 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 paragraph (a) of subdivision two of this section. Further, the court  shall  waive any fine for which a person who violates the provisions of paragraph (b) of  subdivision  two  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 seat which meets the requirements of paragraph (b) of subdivision two of this  section.  The  court  may  waive  any  fine for which a person who violates the provisions of subdivision two  of  this  section  would  be liable  if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or  seat.  Such  waiver  of  fine shall not apply to a second or subsequent conviction under paragraph (a) or (b) of subdivision two of this section.   5. (a) No person operating a bicycle shall allow a person five or more years  of age and less than fourteen years of age to ride as a passenger on a bicycle unless such passenger is wearing a helmet meeting standards established by the commissioner.  (b) No person, one or more years of age and less than  fourteen  years of  age,  shall operate a bicycle unless such person is wearing a helmet meeting standards established by the commissioner.  (c) For the purposes of this subdivision wearing a helmet means having a helmet of good fit fastened securely upon the  head  with  the  helmet straps.   5-a.  No person, one or more years of age and less than fourteen years of age, shall skate or glide on in-line skates or a skate  board  unless such  person  is  wearing  a helmet meeting standards established by the  commissioner. For the purposes of this  subdivision,  wearing  a  helmet means  having a helmet of good fit fastened securely on the head of such wearer with the helmet straps securely fastened.   5-b. No person less than fourteen years of age shall ride upon, propel or  otherwise  operate  a  two-wheeled vehicle commonly called a scooter unless such person is wearing a helmet meeting standards established  by the  commissioner.  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.   5-c.  No  person  shall ride upon, propel or otherwise operate a class three bicycle with electric assist  unless  such  person  is  wearing  a helmet  meeting  standards  established  by  the  commissioner.  For the purposes of 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.   6.  (a)  Any  person  who violates the provisions of subdivision five, five-a, five-b or five-c of this section shall pay a civil fine  not  to exceed fifty dollars.  (b) The court shall waive any fine for which a person who violates the provisions  of  subdivision  five  or subdivision five-c 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.  (c)  The  court may waive any fine for which a person who violates the provisions of subdivision  five,  five-a,  five-b,  or  five-c  of  this section  would  be  liable  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 a fine shall not apply  to  a second or subsequent violation of subdivision five-c of this section.   7.  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.   8. (a) A police officer shall only issue a summons for a violation  of subdivision  two,  five, or five-a 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  more.  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.  (b) A police officer shall only issue a summons  for  a  violation  of subdivision  five-c  of this section by a person less than sixteen 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 sixteen years of age.   9.  Subdivisions  five,  five-a, five-b, and six of this section shall not be applicable to any county, city, town or village that has  enacted a local law or ordinance prior to the effective date of this subdivision that  prohibits  a  person who is one or more years of age and less than fourteen years of age from operating a bicycle or skating or gliding  on in-line skates or a skate board without wearing a bicycle helmet meeting the  standards of the American National Standards Institute (Ansi Z 90.4  bicycle helmet standards), the Snell Memorial Foundation's Standards for Protective Headgear for use in Bicycling, or  the  American  Society  of Testing  and Materials (ASTM) bike helmet standards, or that prohibits a person  operating a bicycle from allowing a person five or more years of age and less than fourteen years of age to ride  as  a  passenger  on  a bicycle  unless  such  passenger  is wearing a bicycle helmet that meets such standards. The failure of any person to comply with any such  local law  or  ordinance  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. The legislative body of a county, city, town or village may enact a local law or ordinance that prohibits a person who  is  fourteen or  more  years  of  age  from  skating  or  gliding  on in-line skates, operating a skate board, or operating or riding  as  a  passenger  on  a bicycle without wearing a bicycle helmet.   10.  No person shall skate or glide on in-line skates or a skate board outside during the period of time between one-half hour after sunset and one-half hour before sunrise  unless  such  person  is  wearing  readily visible  reflective  clothing  or material which is of a light or bright color.