NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3073B
SPONSOR: Paulin TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
certain persons to wear a helmet when operating a class one or class two
bicycle with electric assist
PURPOSE:
To provide that anyone sixteen and seventeen years of age must wear a
helmet when riding or operating a class one or two electric bicycle.
SUMMARY OF PROVISIONS:
Section one adds a new subdivision 5-d to section 1238 of the vehicle
and traffic law to provide that no person aged sixteen or seventeen
shall operate or ride on a class one or class two electric bicycle
unless they are wearing a helmet.
Section two provides the effective date.
JUSTIFICATION:
Current law requires helmet usage for operators and passengers of class
three electric bicycles. However, there is no helmet requirement in the
law for class one and class two e-bikes. Operators and passengers on any
class of e-bike must be age sixteen or older. This legislation will
require operators and passengers of class one and two e-bikes who are
ages sixteen and seventeen to wear a helmet. Addressing this gap in the
law is necessary to ensure that everyone riding on any class of e-bike
has the protection of a helmet in the event of a fall or collision.
Furthermore, although e-bikes are being increasingly adopted as an
ecofriendly, cheaper alternative to driving, they do pose risks of inju-
ry that could be mitigated through helmet use. As compared to tradi-
tional bicycles, e-bike riders involved in accidents have higher rates
of traumatic brain injuries and nearly twice the rate of internal inju-
ries as compared to cyclists. This legislation is necessary to enhance
the safety of those using class one and two e-bikes and to prevent
avoidable injuries.
STATE OF NEW YORK
________________________________________________________________________
3073--B
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. PAULIN, FAHY -- read once and referred to the
Committee on Transportation -- recommitted to the Committee on Trans-
portation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported and referred to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to requiring
certain persons to wear a helmet when operating a class one or class
two bicycle with electric assist
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1238 of the vehicle and traffic law is amended by
2 adding a new subdivision 5-d to read as follows:
3 5-d. No person sixteen or seventeen years of age shall ride upon,
4 propel or otherwise operate a class one bicycle with electric assist or
5 a class two bicycle with electric assist unless such person is wearing a
6 helmet meeting standards established by the commissioner. For the
7 purposes of this subdivision, wearing a helmet means having a properly
8 fitting helmet fixed securely on the head of such wearer with the helmet
9 straps securely fastened.
10 § 2. Subdivision 6 of section 1238 of the vehicle and traffic law, as
11 amended by section 6 of part XX of chapter 58 of the laws of 2020, is
12 amended to read as follows:
13 6. (a) Any person who violates the provisions of subdivision five,
14 five-a, five-b [or], five-c, or five-d of this section shall pay a civil
15 fine not to exceed fifty dollars.
16 (b) The court shall waive any fine for which a person who violates the
17 provisions of subdivision five [or subdivision], five-c, or five-d of
18 this section would be liable if such person supplies the court with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03090-03-4
A. 3073--B 2
1 proof that between the date of violation and the appearance date for
2 such violation such person purchased or rented a helmet.
3 (c) The court may waive any fine for which a person who violates the
4 provisions of subdivision five, five-a, five-b, [or] five-c, or five-d
5 of this section would be liable if the court finds that due to reasons
6 of economic hardship such person was unable to purchase a helmet or due
7 to such economic hardship such person was unable to obtain a helmet from
8 the statewide in-line skate and bicycle helmet distribution program, as
9 established in section two hundred six of the public health law, or a
10 local distribution program. Such waiver of a fine shall not apply to a
11 second or subsequent violation of subdivision five-c of this section.
12 § 3. This act shall take effect on the first of April next succeeding
13 the date upon which it shall have become a law. Effective immediately,
14 the addition, amendment and/or repeal of any rule or regulation neces-
15 sary for the implementation of this act on its effective date are
16 authorized to be made and completed on or before such effective date.
