Requires operators of bicycles, skateboards, inline skates and scooters who are under eighteen years of age to wear protective headgear; increases the age requirement from fourteen years to eighteen years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A242
SPONSOR: Magnarelli
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to required
protective headgear for operators of bicycles, skateboards, in-line
skates and scooters under eighteen years of age
 
PURPOSE OR GENERAL IDEA OF BILL:
To require that all persons under eighteen years of age wear protective
headgear while operating bicycles, skateboards, in-line skates, or
scooters. Current law requires that all persons under fourteen years of
age wear such headgear.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amends section 1238 of the vehicle and traffic law by changing the age
up to which all passengers and operators of bicycles, skateboards,
in-line skates, or scooters are required to wear protective headgear
from fourteen years to eighteen years.
 
JUSTIFICATION:
Data from the NYS Department of Health showed that, from 1990-1992, New
Yorkers aged 15 to 19 had more than twice as high a rate of hospitaliza-
tion due to bicycle injuries than those aged 20 to 24. The rates were
about five times higher for males when compared with females.
In 2004, the Safe Kids Campaign reported that bicycle riders without
helmets are 14 times more likely to be involved in a fatal crash than
riders wearing helmets. Head injuries are the cause of over 60 percent
of bicycle-related deaths, two-thirds of bicycle-related hospital admis-
sions, and one-third of hospital emergency room visits for bicycling
injuries. Every dollar spent on a safety helmet is estimated to save
society $30 dollars in both direct medical and other societal costs.
The National Safe Kids Campaign reported in 2002 that helmet use reduces
the risk of brain injury by up to 88%. A study published in Injury
Prevention in 2002 demonstrated that state helmet laws increase helmet
usage by almost 20%. To protect the health and safety of our younger
citizens, I am introducing this legislation to increase the age require-
ment for helmet usage in New York State to 18 years of age. Several
counties already require helmet usage above the age of fourteen, and the
state should follow suit.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: A.166
2021-2022: A.1348
2019-2020: A. 1821-A
2017-2018: A.689
2015-2016: A.1392 2013- 14: A.473
2011-2012: A,4329
2009-2010: A.359
2007-2008: A.419-A
 
FISCAL IIVOLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.