S6546-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Apr 25, 2012: ADVANCED TO THIRD READING
• Apr 19, 2012: 2ND REPORT CAL.
• Apr 19, 2012: AMENDED 6546A
• Apr 19, 2012: 2ND REPORT CAL.
• Apr 18, 2012: 1ST REPORT CAL.550
• Feb 24, 2012: REFERRED TO TRANSPORTATION

S6546-2011 Meetings

S6546-2011 Calendars

S6546-2011 Votes

S6546-2011 Memo

BILL NUMBER:S6546

TITLE OF BILL:

An act to amend the vehicle and traffic law and the general business
law, in relation to requiring that persons less than eighteen years of
age wear a helmet when riding a horse

PURPOSE OR GENERAL IDEA OF BILL:

This legislation requires that persons less than eighteen years of age
wear a helmet when riding a horse.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. subdivision 1 of Section 1265 of the vehicle and traffic law
is amended to increase from 14 to 18 the age in which a person must wear
a helmet when riding a horse. Also amends Subdivision 2 of Section 1265
of the vehicle and traffic law to increase the amount of the civil fine
from $50 to $250 for violating the provisions of this act. Increases
from 14 to 18 the age in which a summons can be issued to a parent or
guardian for violating the provisions of this act.

Section 2. Subdivision 2 of Section 396-dd of the general business law,
as added by Chapter 455 of the Laws of 1999, is amended to increase from
14 to 18 the age in which a person must be provided with a helmet at no
cost beyond the rental fee by horse providers when riding a horse.

Section 3. Provides for an immediate effective date.

JUSTIFICATION:

Horseback riding is a popular recreational activity enjoyed by more than
30 million people in the United States. It has been estimated that 19
million people aged 16 years and older participating in riding activ-
ities. Horseback riding is the eighth leading cause of emergency room
treated, sports and recreation related injuries.  Horseback riding has
been identified as a higher-risk activity than automobile racing, motor-
cycle riding, football and skiing. Injuries occur while riding or handl-
ing horses without discrimination for age or experience level. Approxi-
mately 70,000 people are treated in emergency rooms annually because of
equestrian-related injuries, while thousands more are treated in physi-
cians' offices. Head injuries account for approximately 60% of deaths
resulting from equestrian accidents.

Wearing a helmet can significantly reduce chances of sustaining serious
injury. One of the most important pieces of safety equipment is a prop-
erly fitting helmet in order to absorb the impact to the head, provide
cushioning to the skull and reduce jarring of the brain against the
skull. The New England Journal of Medicine has reported that wearing
helmets reduces head and brain injuries by 85% and the Equestrian

Medical Safety Association strongly recommends the wearing of a properly
fitted ASTM/SEI certified equestrian helmet with the harness secured
during equestrian activities.

While New York State was one of the first states to adopt a helmet law
protecting children, the current law does not adequately protect all
children. Currently only children fourteen years of age and under are
required to wear a helmet. Changing the age to eighteen years of age
would further protect our children, prevent serious injuries, and help
save lives.

In 2009 the State of Florida passed "Nicole's Law" requiring children
sixteen years of age and under to wear a helmet. "Nicole's Law" was
named after Nicole Hornstein, the 12 year old daughter of a Southampton,
New York native who now resides back in New York. Nicole died after
suffering brain injuries after falling off a horse while not wearing a
helmet. Other states like Delaware are introducing and have passed simi-
lar strengthened helmet laws.

PRIOR LEGISLATIVE HISTORY:

New Legislation, 2012

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect immediately.

S6546-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 6546                                                  A. 9366
 SENATE - ASSEMBLY
 February 24, 2012
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print
 ed,  and  when printed to be committed to the Committee on Transporta
 tion
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
 to the Committee on Transportation
 AN  ACT  to  amend  the vehicle and traffic law and the general business
 law, in relation to requiring that persons less than eighteen years of
 age wear a helmet when riding a horse
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivisions  1  and 2 of section 1265 of the vehicle and
 traffic law, as added by chapter 455 of the laws of 1999, are amended to
 read as follows:

 1. No person less than [fourteen] EIGHTEEN 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 manufac
 turer'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 TWO HUNDRED fifty  dollars.  A  police  officer
 shall  only  issue a summons for a violation of this section by a person
 less than [fourteen] EIGHTEEN 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] EIGHTEEN years of age.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14194-02-2
 
       S. 6546                             2                            A. 9366
 

S 2. Subdivision 2 of section 396-dd of the general business  law,  as
 added by chapter 455 of the laws of 1999, is amended to read as follows:

 2.  Every horse provider shall provide protective helmets to beginning
 riders and to riders less than [fourteen] EIGHTEEN years of  age  at  no
 cost  beyond the rental fee; offer all riders the use of such protective
 helmets regardless of their age or experience; and  provide  appropriate
 helmet safety information to all riders.
 

S 3. This act shall take effect immediately.

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