Section 1238. Passengers on bicycles under one year of age prohibited; passengers and operators under fourteen years of age 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.
    6.  (a)  Any  person  who violates the provisions of subdivision five,
  five-a or five-b 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 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, or five-b 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.
    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  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.
    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.