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A09213 Summary:

BILL NOA09213
 
SAME ASNo Same As
 
SPONSORConrad
 
COSPNSR
 
MLTSPNSR
 
Amd §§1238 & 1286, Art 34 Art Head, add §§123-a & 1244, V & T L
 
Requires operators of bicycles with electric assist, electric scooters, and motor-driven cycles to wear protective head gear regardless of age.
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A09213 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9213
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 3, 2025
                                       ___________
 
        Introduced by M. of A. CONRAD -- read once and referred to the Committee
          on Transportation
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          operators of bicycles with electric  assist,  electric  scooters,  and
          motor-driven cycles wear protective head gear

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5-c of section 1238 of the vehicle and  traffic
     2  law, as added by section 5 of part XX of chapter 58 of the laws of 2020,
     3  is amended to read as follows:
     4    5-c.  No  person shall ride upon, propel or otherwise operate a [class
     5  three] bicycle with electric assist unless  such  person  is  wearing  a
     6  helmet  meeting  standards  established  by  the  commissioner.  For the
     7  purposes of this subdivision, wearing a helmet means having  a  properly
     8  fitting helmet fixed securely on the head of such wearer with the helmet
     9  straps securely fastened.
    10    §  2. Subdivision 1 of section 1286 of the vehicle and traffic law, as
    11  added by section 10 of part XX of chapter 58 of the  laws  of  2020,  is
    12  amended to read as follows:
    13    1.  No  person  [sixteen  or  seventeen years of age] shall ride upon,
    14  propel or otherwise operate an electric scooter unless  such  person  is
    15  wearing  a  helmet  meeting  standards  established  by the commissioner
    16  pursuant to the  provisions  of  subdivision  two-a  of  section  twelve
    17  hundred  thirty-eight of this title.  As used in this subdivision, wear-
    18  ing a helmet means having a properly fitting helmet  fixed  securely  on
    19  the head of such wearer with the helmet straps securely fastened.
    20    §  3.  The  vehicle and traffic law is amended by adding a new section
    21  123-a to read as follows:
    22    § 123-a. Motor-driven cycle. Every motor vehicle having:
    23    (a) a seat or saddle for the use of the operator;
    24    (b) two or three wheels in contact with the ground;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13926-01-5

        A. 9213                             2
 
     1    (c) an internal combustion engine, or electric, solar or hybrid  motor
     2  which  will  propel the vehicle unassisted at a maximum speed no greater
     3  than thirty miles per hour. If such vehicle is equipped with an internal
     4  combustion engine, such engine's piston or rotor displacement shall  not
     5  exceed  fifty cubic centimeters. A motor-driven cycle shall be a limited
     6  use motorcycle or motorcycle when operated at speeds in excess of thirty
     7  miles per hour and the operator shall be required to have in such opera-
     8  tor's possession a valid class D, DJ, M or MJ license, as the  case  may
     9  be; and
    10    (d)  a direct or automatic power drive system which requires no clutch
    11  or gear shift operation by  the  operator  after  the  drive  system  is
    12  engaged with the engine or motor.
    13    § 4. The article heading of article 34 of the vehicle and traffic law,
    14  as  amended  by  chapter  694  of the laws of 1995, is amended and a new
    15  section 1244 is added to read as follows:
    16                 OPERATION OF BICYCLES [AND], PLAY DEVICES AND
    17                             MOTOR-DRIVEN CYCLES
    18    § 1244. Motor-driven cycle operators to wear protective  headgear.  No
    19  person shall ride upon, propel or otherwise operate a motor-driven cycle
    20  unless  such person is wearing a helmet meeting standards established by
    21  the commissioner. For the purposes of this  section,  wearing  a  helmet
    22  means  having  a  properly  fitting helmet fixed securely on the head of
    23  such wearer with the helmet straps securely fastened.
    24    § 5. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.
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