Section 1265. Wearing of helmets

1. No person less than fourteen years of
  age shall ride a horse unless such person is wearing a helmet meeting or
  exceeding ASTM F1163 (Safety Equipment Institute  certified)  Equestrian
  Standard.  For purposes of this section, "certified" shall mean that the
  helmet's manufacturer agrees to the rules and  provisions  of  a  system
  that  includes  independent testing and quality control audits, and that
  each helmet manufactured by such manufacturer is permanently marked with
  the certifying body's registered mark or logo before such helmet is sold
  or offered for sale. For the purposes of this section, wearing a  helmet
  means  having  a  helmet  fastened  securely  upon  the  head  using the
  manufacturer's fitting guidelines for the particular model used.
    2. Any person who violates the provisions of this section shall pay  a
  civil  fine  not  to  exceed  fifty dollars. A police officer shall only
  issue a summons for a violation 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.
    3.  (a)  The  court  shall waive any civil fine for which a person who
  violates the provisions 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.
    (b) The court may waive any civil fine for which a person who violates
  the provisions of the section would be liable if the  court  finds  that
  due to reasons of economic hardship such person was unable to purchase a
  helmet.
    4.  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.