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A01107 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 7, 2021
        Introduced  by  M.  of A. CAHILL, LUPARDO, M. MILLER, ENGLEBRIGHT, McDO-
          Multi-Sponsored  by  --  M.  of A. FITZPATRICK, TAGUE -- read once and
          referred to the Committee on Transportation
        AN ACT authorizing the  commissioner  of  transportation  to  conduct  a
          comprehensive study on the efficacy of motorcycle helmets
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. The legislature  recognizes  that  head
     2  injuries  are  the  leading cause of death in motorcycle crashes nation-
     3  wide, but also may be prevented in many cases with  the  use  of  proper
     4  protective  headgear. As such, it is vitally important that all motorcy-
     5  clists and passengers wear federal department  of  transportation  (DOT)
     6  approved  helmets  as required by section 381 of the vehicle and traffic
     7  law to prevent injuries and fatalities.  Moreover, it is imperative that
     8  a motorcyclist utilize a DOT-approved helmet that is the  correct  style
     9  for the type of riding that they are engaged in and that is an appropri-
    10  ate  size and fit for their head shape and face structure so that it can
    11  function properly in the event of a crash.
    12    To date, there has not been a comprehensive  study  conducted  in  New
    13  York  state  to examine the efficacy of the variety of styles of DOT-ap-
    14  proved motorcycle helmets or the guidelines and  safety  protocols  that
    15  inform  the  rider  of  how  to properly fit and use this equipment. The
    16  legislature therefore supports the commissioning  of  such  a  study  in
    17  order  to  assess  the effectiveness of motorcycle helmets in preventing
    18  fatality and injury, the functionality of a helmet when improperly  worn
    19  and the protocols in place to inform the consumer of how to properly fit
    20  and wear this equipment.
    21    §  2. The department of transportation shall undertake a comprehensive
    22  study on the effectiveness of motorcycle helmets in preventing  injuries
    23  and fatalities. The scope of this study shall include:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1107                             2
     1    1. the efficacy of different styles and types of DOT-approved motorcy-
     2  cle helmets in preventing injury and death; and
     3    2. the adequacy of established state, federal and manufacturer use and
     4  safety  guidelines that inform the consumer of proper helmet fitment and
     5  wear; and
     6    3. evidence of injury or death resulting from improper helmet  fitment
     7  and/or wear; and
     8    4. any other related information that the commissioner may deem neces-
     9  sary or relevant in carrying out this study.
    10    §  3.  The  department  of  transportation  shall make a report to the
    11  governor and the legislature of its findings, conclusions and  recommen-
    12  dations  no later than one year after the effective date of this act and
    13  shall submit with this report such legislative  proposals  as  it  deems
    14  necessary to implement its recommendations.
    15    §  4.  If the department of transportation finds that it does not have
    16  access to adequate state resources  to  conduct  the  study  defined  in
    17  section  two of this act the commissioner is authorized to contract with
    18  an independent entity to conduct such study.
    19    § 5. This act shall take effect immediately.
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