S T A T E O F N E W Y O R K ________________________________________________________________________ 5954--C 1995-1996 Regular Sessions I N A S S E M B L Y March 7, 1995 ___________ Introduced by M. of A. KAUFMAN, PHEFFER, McLAUGHLIN, KLEIN, AUBRY -- Multi-Sponsored by -- M. of A. CLARK, ENGLEBRIGHT, GALEF, GOTTFRIED, HOCHBERG, LOPEZ, SEMINERIO, WEISENBERG -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommit- ted to the Committee on Rules AN ACT to amend the general business law, the public health law, and the vehicle and traffic law, in relation to safety requirements in the manufacture, sale and use of in-line skates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and declaration of purpose. The legis- 2 lature finds that the design and construction of in-line skates, so as 3 to minimize friction upon contact with the ground, thereby enabling ever 4 more faster speeds to be attained, poses a special safety hazard, 5 particularly to children, which must be addressed. 6 The legislature further finds that the unregulated sale of in-line 7 skates to, and their subsequent use by, New York state residents have 8 resulted in many serious injuries to various body parts of residents and 9 children, most notably, the heads, ankles, knees, elbows and wrists, as 10 shown by statistics obtained from hospital emergency room physicians. 11 Although the dangers from the unregulated manufacture, sale and use of 12 in-line skates have gone largely unrecognized by the public, these 13 physicians have found that: (a) the design and construction of in-line 14 skates inhibit the ability of users to stop, thereby increasing the 15 likelihood of damaging collisions, and (b) the attachment of a stopper 16 part to the boot-blade together with the use of protective headgear and 17 ankle, knee, elbow and wrist padding largely eliminate or significantly 18 reduce the extent of the injuries caused by the use of such in-line 19 skates. PAGE-2 1 Accordingly, the legislature declares this act to be necessary for the 2 protection of the public health, safety and welfare, and to be in the 3 public interest. 4 § 2. Section 391-i of the general business law, as added by chapter 5 573 of the laws of 1980, is redesignated section 391-l and a new section 6 391-m is added to read as follows: 7 § 391-M. MANUFACTURE AND SALE OF IN-LINE SKATES; REGULATION OF. 1. AS 8 USED IN THIS SECTION, THE TERM: 9 (A) "PROTECTIVE GEAR" SHALL MEAN THE FOLLOWING: A HELMET MEETING THE 10 STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI Z 90.4 11 BICYCLE HELMET STANDARDS) OR THE SNELL MEMORIAL FOUNDATION'S STANDARDS 12 FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING AND WRIST GUARDS, ELBOW 13 PADS, AND KNEE PADS OF SUCH STANDARDS, DESIGNS, SIZES, STRENGTHS, AND 14 THICKNESSES AS WILL PROTECT THE WEARER AGAINST SERIOUS PHYSICAL INJURY 15 CAUSED BY IMPACT TO THE BODY PART ON WHICH SUCH PROTECTIVE GEAR IS 16 DESIGNED TO BE WORN, SUCH AS, BUT NOT LIMITED TO, FROM FALLS AND COLLI- 17 SIONS. 18 (B) "IN-LINE SKATES" SHALL MEAN MANUFACTURED OR ASSEMBLED DEVICES EACH 19 CONSISTING OF A SHOE BOOT WITH A BLADELIKE METAL RUNNER APPROXIMATELY 20 THREE TO FOUR INCHES IN THICKNESS MOUNTED OR PERMANENTLY ATTACHED THERE- 21 TO IN A FRAME ACROSS THE LENGTH OF SUCH SHOE BOOT, WITH SUCH BLADELIKE 22 METAL RUNNER CONTAINING THREE, FOUR, OR FIVE METAL BALL BEARING WHEELS 23 DESIGNED TO MINIMIZE FRICTION WITH ANY SURFACE WITH WHICH THEY COME IN 24 CONTACT AND WHICH ARE ALIGNED ALONG THE LENGTH OF THE RUNNER IN MORE OR 25 LESS A STRAIGHT LINE, AND USED TO SKATE OR GLIDE, BY MEANS OF HUMAN FOOT 26 AND LEG POWER. 27 (C) "STOPPER" OR "STOPPING DEVICE" SHALL MEAN A PART WHICH IS ATTACHED 28 TO EACH BLADELIKE METAL RUNNER OR BOOT OR BOTH, OF IN-LINE SKATES AND 29 DESIGNED TO INCREASE FRICTION WITH THE GROUND AND ENABLE USERS OF 30 IN-LINE SKATES TO BRAKE OR STOP MOVING. 31 (D) "WARNING LABEL" SHALL MEAN A LABEL, SHIELD OR PLATE WITH SUBSTAN- 32 TIALLY THE FOLLOWING NOTICE PRINTED IN CLEAR AND CONSPICUOUS TYPE: 33 "WARNING: USE OF THESE IN-LINE SKATES WITHOUT PROTECTIVE GEAR -- A 34 HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS -- MAY RESULT IN SERIOUS 35 INJURY!" 36 2. (A) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH MANU- 37 FACTURES OR ASSEMBLES IN-LINE SKATES TO BE SOLD, OFFERED FOR SALE, OR 38 DISTRIBUTED IN THIS STATE ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED 39 NINETY-SIX SHALL MANUFACTURE, ASSEMBLE, SELL, OFFER TO SELL, OR DISTRIB- 40 UTE IN THIS STATE SUCH IN-LINE SKATES UNLESS SUCH IN-LINE SKATES ARE 41 MANUFACTURED AND ASSEMBLED WITH A STOPPING DEVICE AND WARNING LABEL AS 42 DEFINED IN THIS SECTION. SUCH WARNING LABEL, SHIELD, OR PLATE SHALL BE 43 PERMANENTLY AFFIXED TO EACH IN-LINE SKATE IN SUCH A MANNER THAT THE 44 PRINTED NOTICE IS READILY VISIBLE AND SUCH WARNING LABEL CANNOT BE 45 REMOVED WITHOUT BEING DEFACED OR DESTROYED. 46 (B) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH IS REGU- 47 LARLY ENGAGED IN THE SALE OR OFFERING FOR SALE AT RETAIL, FOR CONSUMER 48 USE, OF IN-LINE SKATES SHALL, AFTER JANUARY FIRST, NINETEEN HUNDRED 49 NINETY-SIX, SELL IN-LINE SKATES WHICH DO NOT CONTAIN A STOPPING DEVICE 50 AND WARNING LABEL AS DEFINED IN THIS SECTION. 51 (C) ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-SIX, NO PERSON, 52 FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGULARLY ENGAGED IN 53 THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIBUTING IN-LINE 54 SKATES AT RETAIL, FOR CONSUMER USE, SHALL OFFER SUCH IN-LINE SKATES FOR 55 SALE IN THE NORMAL COURSE OF BUSINESS IN THIS STATE UNLESS SUCH PERSON, PAGE-3 1 FIRM, CORPORATION OR OTHER LEGAL ENTITY CONTEMPORANEOUSLY OFFERS FOR 2 SALE UPON THE SAME PREMISES PROTECTIVE GEAR, AS DEFINED IN THIS SECTION. 3 (D) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA- 4 TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF 5 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A 6 SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE 7 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN- 8 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF 9 THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS 10 ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING 11 AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY 12 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH 13 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS 14 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE 15 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- 16 TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS ARTI- 17 CLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN 18 FIVE HUNDRED DOLLARS FOR SUCH VIOLATION. IN CONNECTION WITH ANY SUCH 19 PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF 20 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN 21 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. 22 (E) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU- 23 LARLY ENGAGED IN THE BUSINESS OF MANUFACTURING, DISTRIBUTING, SELLING, 24 OR OFFERING FOR SALE IN-LINE SKATES SHALL BE DEEMED TO HAVE VIOLATED THE 25 PROVISIONS OF THIS SUBDIVISION, IF SUCH PERSON, FIRM, CORPORATION OR 26 OTHER LEGAL ENTITY SHOWS BY A PREPONDERANCE OF EVIDENCE THAT THE 27 VIOLATION WAS NOT INTENTIONAL AND RESULTED FROM BONA FIDE ERROR MADE 28 NOTWITHSTANDING THE MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO 29 AVOID ANY SUCH ERROR. 30 (F) THIS SUBDIVISION SHALL NOT APPLY TO THE SALE OF IN-LINE SKATES OR 31 PROTECTIVE GEAR SOLD OR OFFERED FOR SALE BY CONSUMERS FOR CONSUMER USE. 32 § 3. Subdivision 15 of section 206 of the public health law, as added 33 by chapter 267 of the laws of 1993, is amended to read as follows: 34 15. Notwithstanding any other provision of law to the contrary, the 35 commissioner is authorized to establish a statewide IN-LINE SKATE AND 36 bicycle helmet public education and awareness program and a statewide 37 IN-LINE SKATE AND bicycle helmet distribution program. The purpose of 38 the statewide IN-LINE SKATE AND bicycle helmet public education and 39 awareness program is to provide a plan for the coordination of county, 40 city, town and village efforts to reduce IN-LINE SKATE AND bicycle 41 related injuries and fatalities. The purpose of the statewide IN-LINE 42 SKATE AND bicycle helmet distribution program is to provide a plan for 43 the coordination of county, city, town and village efforts to distribute 44 [bicycle] helmets to persons who can demonstrate an economic hardship 45 that precludes them from purchasing such helmet. The commissioner shall 46 make all necessary efforts to ensure that a IN-LINE SKATES AND bicycle 47 helmet distribution program is instituted in each county of the state. 48 The commissioner is authorized to promulgate such rules and regulations 49 as may be necessary to implement the provisions of this subdivision. 50 § 4. The vehicle and traffic law is amended by adding two new sections 51 140-a and 140-b to read as follows: 52 § 140-A. IN-LINE SKATES. MANUFACTURED OR ASSEMBLED DEVICES EACH 53 CONSISTING OF A SHOE BOOT WITH A BLADELIKE METAL RUNNER APPROXIMATELY 54 THREE TO FOUR INCHES IN THICKNESS MOUNTED OR PERMANENTLY ATTACHED THERE- 55 TO IN A FRAME ACROSS THE LENGTH OF SUCH SHOE BOOT, WITH SUCH BLADELIKE 56 METAL RUNNER CONTAINING THREE, FOUR OR FIVE METAL BALL BEARING WHEELS PAGE-4 1 DESIGNED TO MINIMIZE FRICTION WITH ANY SURFACE WITH WHICH THEY COME IN 2 CONTACT AND WHICH ARE ALIGNED ALONG THE LENGTH OF THE RUNNER IN MORE OR 3 LESS A STRAIGHT LINE, AND USED TO SKATE OR GLIDE, BY MEANS OF HUMAN FOOT 4 AND LEG POWER. 5 § 140-B. ROLLER SKATES. MANUFACTURED OR ASSEMBLED DEVICES EACH 6 CONSISTING OF A FRAME OR SHOE HAVING CLAMPS OR STRAPS OR BOTH FOR 7 FASTENING, WITH A PAIR OF SMALL WHEELS NEAR THE TOE AND ANOTHER PAIR AT 8 THE HEEL MOUNTED OR PERMANENTLY ATTACHED THERETO, FOR SKATING OR GLIDING 9 BY MEANS OF HUMAN FOOT AND LEG POWER. 10 § 5. The article heading of article 34 of title VII of the vehicle and 11 traffic law is amended to read as follows: 12 OPERATION OF BICYCLES AND PLAY [VEHICLES] DEVICES 13 § 6. Subdivision (b) of section 1230 of the vehicle and traffic law is 14 amended to read as follows: 15 (b) These regulations applicable to bicycles OR TO IN-LINE SKATES 16 shall apply whenever a bicycle is, OR IN-LINE SKATES ARE, operated upon 17 any highway, upon private roads open to public motor vehicle traffic and 18 upon any path set aside for the exclusive use of bicycles, OR IN-LINE 19 SKATES, OR BOTH. 20 § 7. Section 1231 of the vehicle and traffic law is amended to read as 21 follows: 22 § 1231. Traffic laws apply to persons riding bicycles OR SKATING OR 23 GLIDING ON IN-LINE SKATES. Every person riding a bicycle OR SKATING OR 24 GLIDING ON IN-LINE SKATES upon a roadway shall be granted all of the 25 rights and shall be subject to all of the duties applicable to the driv- 26 er of a vehicle by this title, except as to special regulations in this 27 article and except as to those provisions of this title which by their 28 nature can have no application. 29 § 8. Subdivision 1 of section 1233 of the vehicle and traffic law, as 30 amended by chapter 377 of the laws of 1980, is amended to read as 31 follows: 32 1. No person riding upon any bicycle, coaster, IN-LINE SKATES, roller 33 skates, sled or toy vehicle shall attach the same or himself to any 34 vehicle being operated upon a roadway. 35 § 9. Section 1234 of the vehicle and traffic law, as amended by chap- 36 ter 123 of the laws of 1988, is amended to read as follows: 37 § 1234. Riding on roadways, shoulders, bicycle OR IN-LINE SKATES lanes 38 and bicycle OR IN-LINE SKATES paths. (a) Upon all roadways, any bicycle 39 OR IN-LINE SKATES shall be driven either on a usable bicycle OR IN-LINE 40 SKATES lane or, if a usable bicycle OR IN-LINE SKATES lane has not been 41 provided, near the right-hand curb or edge of the roadway or upon a 42 usable right-hand shoulder in such a manner as to prevent undue inter- 43 ference with the flow of traffic except when preparing for a left turn 44 or when reasonably necessary to avoid conditions that would make it 45 unsafe to continue along near the right-hand curb or edge. Conditions to 46 be taken into consideration include, but are not limited to, fixed or 47 moving objects, vehicles, bicycles, IN-LINE SKATES, pedestrians, 48 animals, surface hazards or traffic lanes too narrow for a bicycle OR 49 PERSON ON IN-LINE SKATES and a vehicle to travel safely side-by-side 50 within the lane. 51 (b) Persons riding bicycles OR SKATING OR GLIDING ON IN-LINE SKATES 52 upon a roadway shall not ride more than two abreast. Persons riding 53 bicycles OR SKATING OR GLIDING ON IN-LINE SKATES upon a shoulder, bicy- 54 cle OR IN-LINE SKATES lane, or bicycle OR IN-LINE SKATES path, intended 55 for the use of bicycles OR IN-LINE SKATES may ride two or more abreast 56 if sufficient space is available, except THAT when passing a vehicle, PAGE-5 1 bicycle OR PERSON ON IN-LINE SKATES, or pedestrian, standing or proceed- 2 ing along such shoulder, lane or path, persons riding bicycles OR SKAT- 3 ING OR GLIDING ON IN-LINE SKATES shall ride, SKATE, OR GLIDE single 4 file. Persons riding bicycles OR SKATING OR GLIDING ON IN-LINE SKATES 5 upon a roadway shall ride, SKATE, OR GLIDE single file when being over- 6 taken by [another] A vehicle. 7 (c) Any person operating a bicycle OR SKATING OR GLIDING ON IN-LINE 8 SKATES who is entering the roadway from a private road, driveway, alley 9 or over a curb shall come to a full stop before entering the roadway. 10 § 10. Section 1235 of the vehicle and traffic law is amended to read 11 as follows: 12 § 1235. Carrying articles. No person operating a bicycle shall carry 13 any package, bundle, or article which prevents the driver from keeping 14 at least one hand upon the handle bars. NO PERSON SKATING OR GLIDING ON 15 IN-LINE SKATES SHALL CARRY ANY PACKAGE, BUNDLE, OR ARTICLE WHICH 16 OBSTRUCTS HIS OR HER VISION IN ANY DIRECTION. 17 § 11. Section 1238 of the vehicle and traffic law is amended by adding 18 a new subdivision 5-a to read as follows: 19 5-A. NO PERSON, ONE OR MORE YEARS OF AGE AND LESS THAN FOURTEEN YEARS 20 OF AGE, SHALL SKATE OR GLIDE ON IN-LINE SKATES UNLESS SUCH PERSON IS 21 WEARING A HELMET MEETING THE STANDARDS OF THE AMERICAN NATIONAL STAND- 22 ARDS INSTITUTE (ANSI Z 90.4 BICYCLE HELMET STANDARDS) OR THE SNELL MEMO- 23 RIAL FOUNDATION'S STANDARDS FOR PROTECTIVE HEADGEAR FOR USE IN BICYCL- 24 ING. FOR THE PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING 25 A HELMET OF GOOD FIT FASTENED SECURELY ON THE HEAD WITH THE HELMET 26 STRAPS. 27 § 12. Paragraph (a) of subdivision 6 of section 1238 of the vehicle 28 and traffic law, as added by chapter 267 of the laws of 1993, is amended 29 to read as follows: 30 (a) Any person who violates the provisions of subdivision five OR 31 FIVE-A of this section shall pay a civil fine not to exceed fifty 32 dollars. 33 § 13. Paragraph (c) of subdivision 6 of section 1238 of the vehicle 34 and traffic law, as added by chapter 267 of the laws of 1993, is amended 35 to read as follows: 36 (c) The court may waive any fine for which a person who violates the 37 provisions of subdivision five of this section would be liable if the 38 court finds that due to reasons of economic hardship such person was 39 unable to purchase a helmet or due to such economic hardship such person 40 was unable to obtain a helmet from the statewide IN-LINE SKATE AND bicy- 41 cle helmet distribution program, as established in section two hundred 42 six of the public health law, or a local distribution program. 43 § 14. Subdivision 8 of section 1238 of the vehicle and traffic law, as 44 amended by chapter 132 of the laws of 1994, is amended to read as 45 follows: 46 8. A police officer shall only issue a summons for a violation of 47 subdivision two [or], five, OR FIVE-A of this section by a person less 48 than fourteen years of age to the parent or guardian of such person if 49 the violation by such person occurs in the presence of such person's 50 parent or guardian and where such parent or guardian is eighteen years 51 of age or more. Such summons shall only be issued to such parent or 52 guardian, and shall not be issued to the person less than fourteen years 53 of age. 54 § 15. Subdivision 9 of section 1238 of the vehicle and traffic law, as 55 amended by chapter 132 of the laws of 1994, is amended to read as 56 follows: PAGE-6 1 9. Subdivisions five, FIVE-A and six of this section shall not be 2 applicable to any county, city, town or village that has enacted a local 3 law or ordinance prior to the effective date of this act that prohibits 4 a person who is one or more years of age and less than fourteen years of 5 age from operating a bicycle OR SKATING OR GLIDING ON IN-LINE SKATES 6 without wearing a bicycle helmet meeting the standards of the American 7 National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or 8 the Snell Memorial Foundation's Standards for Protective Headgear for 9 use in Bicycling or that prohibits a person operating a bicycle from 10 allowing a person five or more years of age and less than fourteen years 11 of age to ride as a passenger on a bicycle unless such passenger is 12 wearing a bicycle helmet that meets such standards. The failure of any 13 person to comply with any such local law or ordinance shall not consti- 14 tute contributory negligence or assumption of risk, and shall not in any 15 way bar, preclude or foreclose an action for personal injury or wrongful 16 death by or on behalf of such person, nor in any way diminish or reduce 17 the damages recoverable in any such action. The legislative body of a 18 county, city, town or village may enact a local law or ordinance that 19 prohibits a person who is fourteen or more years of age FROM SKATING OR 20 GLIDING ON IN-LINE SKATES OR from operating or riding as a passenger on 21 a bicycle without wearing a bicycle helmet. 22 § 16. Section 1238 of the vehicle and traffic law is amended by adding 23 a new subdivision 10 to read as follows: 24 10. NO PERSON SHALL SKATE OR GLIDE ON IN-LINE SKATES OUTSIDE DURING 25 THE PERIOD OF TIME BETWEEN ONE-HALF HOUR AFTER SUNSET AND ONE-HALF HOUR 26 BEFORE SUNRISE UNLESS SUCH PERSON IS WEARING AN OUTER JACKET OR OTHER 27 CLOTHING MADE OF LAMINATED OR REFLECTIVE MATERIAL AND WHICH IS OF A 28 LIGHT OR BRIGHT COLOR. 29 § 17. This act shall take effect January 1, 1996, provided, however, 30 that effective immediately, the addition, amendment and/or repeal of any 31 rules or regulations necessary for the implementation of the foregoing 32 sections of this act on their effective date is authorized and directed 33 to be made and completed on or before such date. .