Section 1276. Operators to wear protective headgear

1. No person shall ride
  upon,  propel  or  otherwise  operate  an  electric  personal  assistive
  mobility device unless such person is wearing a helmet meeting standards
  established  by  the  commissioner  pursuant  to   the   provisions   of
  subdivision  two-a of section twelve hundred thirty-eight of this title.
  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.
    2.  Any  person who violates the provisions of subdivision one of this
  section shall pay a civil fine not to exceed fifty dollars.
    3. The court shall waive any fine for which a person who violates  the
  provisions  of  subdivision  one 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 subdivision one of this
  section, or 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 fine shall not apply to a second or subsequent
  conviction under subdivision one of this section.
    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.
    5.  A  police  officer  shall  only issue a summons for a violation of
  subdivision one 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 older. 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.