2023 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.