NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8092
SPONSOR: Seawright
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
all persons in a city having a population of one million or more operat-
ing a bicycle, electric bicycle or electric scooter to wear a helmet
 
PURPOSE OR GENERAL IDEA OF BILL:
To require every person operating a bicycle, E-Bike or E-Scooter in New
York City to wear a helmet.
 
SUMMARY OF PROVISIONS:
Section one adds a new section 114-f to the vehicle and traffic law that
defines an electric bicycle.Section two adds a new section 1242-b to the
vehicle and traffic law that requires every person operating a bicycle,
electric bicycle or electric scooter in a city having a population of
one million or more, to wear a helmet. Helmets must meet certain
national standards. Furthermore, this legislation defines the penalty
for not wearing a helmet, which is a civil penalty not more than- fifty
dollars. It also clarifies that for a person less than sixteen years of
age, the parent or guardian shall be liable for the violation.Section
three is the enacting clause.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
JUSTIFICATION:
According to the Insurance Institute for Highway Safety, in a majority
of bicyclist deaths, the most serious injuries are to the head. Helmet
use has been estimated to reduce the odds of head injury by 50 percent,
and the odds of head, face, or neck injury by 33 percent. This is espe-
cially important in the City of New York because, according to the
National Highway Traffic Safety Administration, 71% of bicyclist deaths
occur in urban areas. Now that e-bikes and e-scooters are legal in New
York state, there is even more concerns for the safety of riders, as
these vehicles can travel up to speeds of 20 to 25 mph. It has been
proven time and time again that bicycle helmets saves lives. Requiring
everyone who operates a bicycle, e-bikes or e-scooters to wear a helmet
is a simple and effective was to save lives in New York City.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S7203 - Transportation Committee
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall become law.