LAWS OF NEW YORK, 1996 CHAPTER 16 AN ACT to amend chapter 694 of the laws of 1995 amending the general business law, the public health law, and the vehicle and traffic law relating to safety requirements in the manufacture, sale and use of in-line skates, and 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 Became a law Feburary 20, 1996, with the approval of the Governor. Passed by a majority vote, three-fifths being present. THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1 of chapter 694 of the laws of 1995 amending the general business law, the public health law, and the vehicle and traffic law relating to safety requirements in the manufacture, sale and use of in-line skates is amended to read as follows: Section 1. Legislative findings and declaration of purpose. The legisla- ture finds that [the design and construction of in-line skates,] IN-LINE SKATES, WHICH ARE DESIGNED AND CONSTRUCTED so as to minimize friction upon contact with the ground, thereby enabling faster speeds to be attained, [poses] POSE a special safety hazard, particularly to chil- dren, which must be addressed. The legislature further finds that the unregulated sale of in-line skates to, and their subsequent use by, New York state residents [have] HAS resulted in many serious injuries to various body parts of residents and children[, most]. MOST notably, THE INJURIES ARE TO the heads, ankles, knees, elbows and wrists[, as shown] OF RESIDENTS AND ARE SUPPORTED by statistics obtained from hospital emergency room physi- cians. [Although the dangers from the unregulated manufacture, sale and use of in-line skates have gone largely unrecognized by the public, these physicians have found that: (a) the design and construction of in-line skates inhibit the ability of users to stop, thereby increasing the likelihood of damaging collisions, and (b) the attachment of a stop- per part to the boot-blade together with the use of protective headgear and ankle, knee, elbow and wrist padding largely eliminate or signif- icantly reduce the extent of the injuries caused by the use of such in-line skates.] THE LEGISLATURE FURTHER FINDS THAT THE ATTACHMENT OF A STOPPER PART TO THE BOOT-FRAME OF AT LEAST ONE IN-LINE SKATE IN EACH PAIR, TOGETHER WITH THE USE OF PROTECTIVE HEADGEAR, KNEE AND ELBOW PADDING, AND WRIST GUARDS SIGNIFICANTLY REDUCE THE EXTENT OF THE INJURIES CAUSED BY THE USE OF SUCH IN-LINE SKATES. ACCORDINGLY, THE LEGISLATURE DECLARES THIS ACT TO BE NECESSARY FOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE, AND TO BE IN THE PUBLIC INTEREST. $ 2. SECTION 17 OF CHAPTER 694 OF THE LAWS OF 1995 AMENDING THE GENERAL BUSINESS LAW, THE PUBLIC HEALTH LAW, AND THE VEHICLE AND TRAFFIC LAW RELATING TO SAFETY REQUIREMENTS IN THE MANUFACTURE, SALE AND USE OF IN-LINE SKATES IS AMENDED TO READ AS FOLLOWS: $ 17. THIS ACT SHALL TAKE EFFECT JANUARY 1, 1996, PROVIDED, HOWEVER, THAT SECTION 391-M OF THE GENERAL BUSINESS LAW, AS ADDED BY SECTION TWO OF THIS ACT, SHALL TAKE EFFECT JANUARY 1, 1997, AND PROVIDED FURTHER that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the foregoing sections of this act on their effective date is authorized and directed to be made and completed on or before such date. $ 3. Section 391-m of the general business law, as added by chapter 694 of the laws of 1995, is amended to read as follows: $ 391-m. Manufacture and sale of in-line skates; regulation of. 1. As used in this section, the term: (a) "Protective gear" shall mean the following: a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) [or], the Snell Memorial Foundation's Stand- ards for Protective Headgear for use in Bicycling, OR THE AMERICAN SOCI- ETY OF TESTING AND MATERIALS (ASTM) BIKE HELMET STANDARDS; and wrist guards, elbow pads, and knee pads of such standards, designs, sizes, strengths, and thicknesses as will [protect] REDUCE THE RISK TO the wearer [against] OF serious physical injury caused by impact to the body part on which such protective gear is designed to be worn, such as, but not limited to, from falls and collisions. (b) "In-line [skates] SKATE" shall mean A manufactured or assembled [devices] DEVICE each consisting of [a shoe boot with a bladelike metal runner approximately three to four inches in thickness mounted or perma- nently attached thereto in a frame across the length of such shoe boot, with such bladelike metal runner containing three, four, or five metal ball bearing wheels designed to minimize friction with any surface with which they come in contact and which are aligned along the length of the runner in more or less a straight line, and used to skate or glide, by means of human foot and leg power] AN UPPER PORTION THAT IS INTENDED TO BE SECURED TO A HUMAN FOOT, WITH A FRAME OR CHASSIS ATTACHED ALONG THE LENGTH OF THE BOTTOM OF SUCH UPPER PORTION, WITH SUCH FRAME OR CHASSIS HOLDING TWO OR MORE WHEELS THAT ARE LONGITUDINALLY ALIGNED AND USED TO SKATE OR GLIDE, BY MEANS OF HUMAN FOOT AND LEG POWER WHILE HAVING SUCH DEVICE ATTACHED TO EACH SUCH FOOT OR LEG. (c) ["Stopper" or "stopping device"] "BRAKE" shall mean a part which is [attached to each bladelike metal runner or boot or both, of in-line skates and designed to increase friction with the ground and enable users of in-line skates to brake or stop moving] SECURED TO AN IN-LINE SKATE, AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, AND INTENDED TO ENABLE THE USER TO CONTROL HIS OR HER SPEED AND/OR COME TO A STOP. (d) "Warning [label] INSTRUCTION" shall mean a label, HANGTAG, shield or plate WHICH IS CLEARLY VISIBLE TO THE CONSUMER, with substantially the following notice printed in clear and conspicuous type: "WARNING[: USE OF THESE IN-LINE SKATES WITHOUT PROTECTIVE GEAR -- a helmet, wrist guards, elbow pads, and knee pads -- MAY RESULT IN SERIOUS INJURY]! REDUCE THE RISK OF SERIOUS INJURY AND ONLY USE THESE SKATES WHILE WEAR- ING FULL PROTECTIVE GEAR - HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS." 2. [(a) No person, firm, corporation, or other legal entity which manu- factures or assembles in-line skates to be sold, offered for sale, or distributed in this state on or after January first, nineteen hundred ninety-six shall manufacture, assemble, sell, offer to sell, or distrib- ute in this state such in-line skates unless such in-line skates are manufactured and assembled with a stopping device and warning label as defined in this section. Such warning label, shield, or plate shall be permanently affixed to each in-line skate in such a manner that the printed notice is readily visible and such warning label cannot be removed without being defaced or destroyed. (b) No person, firm, corporation, or other legal entity which is regu- larly engaged in the sale or offering for sale at retail, for consumer use, of in-line skates shall, after January first, nineteen hundred ninety-six, sell in-line skates which do not contain a stopping device and warning label as defined in this section. (c) On or after January first, nineteen hundred ninety-six, no person, firm, corporation or other legal entity which is regularly engaged in the business of selling, offering for sale, or distributing in-line skates at retail, for consumer use, shall offer such in-line skates for sale in the normal course of business in this state unless such person, firm, corporation or other legal entity contemporaneously offers for sale upon the same premises protective gear, as defined in this section.] (A) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH MANUFAC- TURES OR ASSEMBLES IN-LINE SKATES SHALL MANUFACTURE, ASSEMBLE, SELL, OFFER TO SELL, OR DISTRIBUTE IN THIS STATE SUCH IN-LINE SKATES UNLESS: (I) AT LEAST ONE SUCH IN-LINE SKATE IN EACH PAIR MANUFACTURED OR ASSEM- BLED IS MANUFACTURED OR ASSEMBLED WITH A BRAKE, AS DEFINED IN THIS SECTION; AND, (II) AT LEAST ONE SUCH IN-LINE SKATE IN EACH PAIR MANUFAC- TURED OR ASSEMBLED CONTAINS A WARNING INSTRUCTION, AS DEFINED IN THIS SECTION, EITHER ON AT LEAST ONE SUCH IN-LINE SKATE IN EACH PAIR OR ON THE OUTSIDE OF THE BOX IN WHICH SUCH PAIR OF IN-LINE SKATES IS SOLD OR OFFERED FOR SALE AT RETAIL; AND, (III) EACH SUCH PAIR OF IN-LINE SKATES WHICH CONTAINS A USER'S GUIDE OR BUYER'S INSTRUCTION MANUAL ALSO CONTAINS A WARNING INSTRUCTION, AS DEFINED IN THIS SECTION, WITHIN OR ON SUCH GUIDE OR MANUAL. EACH PAIR OF IN-LINE SKATES WHICH IS MANUFACTURED OR ASSEMBLED BY A PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY FOR SPECIAL USE BY HIGHLY SKILLED OR EXPERT SKATERS OR FOR SALE OR DISTRIB- UTION THROUGH CUSTOM ORDERS ARE EXEMPT FROM THE REQUIREMENTS OF ITEM (I) OF THIS PARAGRAPH, PROVIDED THAT SUCH PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH MANUFACTURES OR ASSEMBLES SUCH PAIR OF IN-LINE SKATES CLEARLY AND CONSPICUOUSLY LABELS AT LEAST ONE IN-LINE SKATE IN EACH SUCH PAIR OF IN-LINE SKATES OR THE OUTSIDE OF THE BOX IN WHICH SUCH PAIR OF IN-LINE SKATES IS SOLD OR OFFERED FOR SALE AT RETAIL WITH THE FOLLOWING WARNING IN SUBSTANTIALLY THE FOLLOWING FORM: "WARNING: THESE IN-LINE SKATES CONTAIN NO BRAKES AND ARE INTENDED FOR HIGHLY SKILLED OR EXPERT SKATERS ONLY". (B) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU- LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB- UTING IN-LINE SKATES AT RETAIL FOR CONSUMER USE, SHALL SELL, OFFER TO SELL, OR DISTRIBUTE IN THIS STATE SUCH IN-LINE SKATES UNLESS SUCH IN-LINE SKATES CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. (C) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH IS REGU- LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB- UTING IN-LINE SKATES AT RETAIL, FOR CONSUMER USE, SHALL OFFER SUCH IN-LINE SKATES FOR SALE IN THE NORMAL COURSE OF BUSINESS IN THIS STATE UNLESS SUCH PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY CONTEMPORA- NEOUSLY OFFERS FOR SALE UPON THE SAME PREMISES PROTECTIVE GEAR, AS DEFINED IN THIS SECTION. (D) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS ARTI- CLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR SUCH VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. (E) NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGULAR- LY ENGAGED IN THE BUSINESS OF MANUFACTURING, DISTRIBUTING, SELLING, OR OFFERING FOR SALE IN-LINE SKATES SHALL BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SUBDIVISION, IF SUCH PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY SHOWS BY A PREPONDERANCE OF EVIDENCE THAT THE VIOLATION WAS NOT INTENTIONAL AND RESULTED FROM A bona fide error made notwithstanding the maintenance of procedures reasonably adopted to avoid any such error. (f) This subdivision shall not apply to the sale of in-line skates or protective gear sold or offered for sale by consumers for consumer use. $ 4. Subdivision 15 of section 206 of the public health law, as amended by chapter 694 of the laws of 1995, is amended to read as follows: 15. Notwithstanding any other provision of law to the contrary, the commissioner is authorized to establish a statewide in-line skate and bicycle helmet public education and awareness program and a statewide in-line skate and bicycle helmet distribution program. The purpose of the statewide in-line skate and bicycle helmet public education and awareness program is to provide a plan for the coordination of county, city, town and village efforts to reduce in-line skate and bicycle related injuries and fatalities. The purpose of the statewide in-line skate and bicycle helmet distribution program is to provide a plan for the coordination of county, city, town and village efforts to distribute helmets to persons who can demonstrate an economic hardship that precludes them from purchasing such helmet. The commissioner shall make all necessary efforts to ensure that [a] AN in-line [skates] SKATE and bicycle helmet distribution program is instituted in each county of the state. The commissioner is authorized to promulgate such rules and regu- lations as may be necessary to implement the provisions of this subdivi- sion. $ 5. Sections 140-a and 140-b of the vehicle and traffic law, as added by chapter 694 of the laws of 1995, are amended to read as follows: $ 140-a. In-line [skates] SKATE. [Manufactured] A MANUFACTURED or assem- bled [devices each consisting of a shoe boot with a bladelike metal runner approximately three to four inches in thickness mounted or perma- nently attached thereto in a frame across the length of such shoe boot, with such bladelike metal runner containing three, four or five metal ball bearing wheels designed to minimize friction with any surface with which they come in contact and which are aligned along the length of the runner in more or less a straight line, and used to skate or glide, by means of human foot and leg power] DEVICE CONSISTING OF AN UPPER PORTION THAT IS INTENDED TO BE SECURED TO A HUMAN FOOT, WITH A FRAME OR CHASSIS ATTACHED ALONG THE LENGTH OF THE BOTTOM OF SUCH UPPER PORTION, WITH SUCH FRAME OR CHASSIS HOLDING TWO OR MORE WHEELS THAT ARE LONGITUDINALLY ALIGNED AND USED TO SKATE OR GLIDE, BY MEANS OF HUMAN FOOT AND LEG POWER WHILE HAVING SUCH DEVICE ATTACHED TO EACH SUCH FOOT OR LEG. "BRAKE" SHALL MEAN A PART WHICH IS SECURED TO AN IN-LINE SKATE, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-ONE-M OF THE GENERAL BUSINESS LAW AND INTENDED TO ENABLE THE USER TO CONTROL HIS OR HER SPEED AND/OR COME TO A STOP. "WARNING INSTRUCTION" SHALL MEAN A LABEL, HANG-TAG, SHIELD OR PLATE WITH SUBSTANTIALLY THE FOLLOWING NOTICE PRINTED IN CLEAR AND CONSPICUOUS TYPE: "WARNING! REDUCE THE RISK OF SERIOUS INJURY, AND ONLY USE THESE SKATES WHILE WEARING FULL PROTECTIVE GEAR - HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS." $ 140-B. ROLLER [SKATES] SKATE. [Manufactured] A MANUFACTURED or assem- bled [devices each] DEVICE consisting of a frame or shoe having clamps or straps or both for fastening, with a pair of small wheels near the toe and another pair at the heel mounted or permanently attached there- to, for skating or gliding by means of human foot and leg power. $ 6. Section 1234 of the vehicle and traffic law, as amended by chapter 694 of the laws of 1995, is amended to read as follows: $ 1234. Riding on roadways, shoulders, bicycle or in-line [skates] SKATE lanes and bicycle or in-line [skates] SKATE paths. (a) Upon all road- ways, any bicycle or in-line [skates] SKATE shall be driven either on a usable bicycle or in-line [skates] SKATE lane or, if a usable bicycle or in-line [skates] SKATE lane has not been provided, near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, in-line skates, pedestrians, animals, surface hazards or traf- fic lanes too narrow for a bicycle or person on in-line skates and a vehicle to travel safely side-by-side within the lane. (b) Persons riding bicycles or skating or gliding on in-line skates upon a roadway shall not ride more than two abreast. Persons riding bicycles or skating or gliding on in-line skates upon a shoulder, bicycle or in-line [skates] SKATE lane, or bicycle or in-line skates path, intended for the use of bicycles or in-line skates may ride two or more abreast if sufficient space is available, except that when passing a vehicle, bicycle or person on in-line skates, or pedestrian, standing or proceed- ing along such shoulder, lane or path, persons riding bicycles or skat- ing or gliding on in-line skates shall ride, skate, or glide single file. Persons riding bicycles or skating or gliding on in-line skates upon a roadway shall ride, skate, or glide single file when being over- taken by a vehicle. (c) Any person operating a bicycle or skating or gliding on in-line skates who is entering the roadway from a private road, driveway, alley or over a curb shall come to a full stop before entering the roadway. $ 7. Subdivision 5-a of section 1238 of the vehicle and traffic law, as added by chapter 694 of the laws of 1995, is amended to read as follows: 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 unless such person is wear- ing a helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) [or], the Snell Memori- al Foundation's Standards for Protective Headgear for use in Bicycling, OR THE AMERICAN SOCIETY OF TESTING AND MATERIALS (ASTM) BIKE HELMET STANDARDS. 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. $ 8. Paragraph (c) of subdivision 6 of section 1238 of the vehicle and traffic law, as amended by chapter 694 of the laws of 1995, is amended to read as follows: (c) The court may waive any fine for which a person who violates the provisions of subdivision five OR FIVE-A 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. $ 9. Subdivision 9 of section 1238 of the vehicle and traffic law, as amended by chapter 694 of the laws of 1995, is amended to read as follows: 9. Subdivisions five, five-a and six of this section shall not be appli- cable to any county, city, town or village that has enacted a local law or ordinance prior to the effective date of this act 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 without wearing a bicycle helmet meeting the standards of the American National Standards Institute (Ansi Z 90.4 bicycle helmet standards) [or], 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 or from operating or riding as a passenger on a bicycle without wearing a bicycle helmet. $ 10. Subdivision 10 of section 1238 of the vehicle and traffic law, as added by chapter 694 of the laws of 1995, is amended to read as follows: 10. No person shall skate or glide on in-line skates outside during the period of time between one-half hour after sunset and one-half hour before sunrise unless such person is wearing [an outer jacket or other] READILY VISIBLE REFLECTIVE clothing [made of laminated] or [reflective] material [and] which is of a light or bright color. $ 11. This act shall take effect immediately; provided that the amend- ment made to section 17 of chapter 694 of the laws of 1995 by section two of this act shall be deemed to have been in full force and effect on and after January 1, 1996; and provided further that the amendments made to section 391-m of the general business law by section three of this act shall take effect January 1, 1997. The Legislature of the STATE OF NEW YORK SS: (JURAT PLACEHOLDER) Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this ses- sion law was printed under our direction and, in accordance with such section, is entitled to be read into evidence. JOSEPH L. BRUNO SHELDON SILVER TEMPORARY PRESIDENT OF THE SENATE SPEAKER OF THE ASSEMBLY .