STATE OF NEW YORK
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214
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
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Introduced by M. of A. CAHILL, LUPARDO, M. G. MILLER, D'URSO, ENGLE-
BRIGHT, CROUCH, McDONOUGH, COOK, SEAWRIGHT, WILLIAMS, PEOPLES-STOKES,
HUNTER -- Multi-Sponsored by -- M. of A. FITZPATRICK, SIMON, TAGUE --
read once and referred to the Committee on Transportation
AN ACT authorizing the commissioner of transportation to conduct a
comprehensive study on the efficacy of motorcycle helmets
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature recognizes that head
2 injuries are the leading cause of death in motorcycle crashes nation-
3 wide, but also may be prevented in many cases with the use of proper
4 protective headgear. As such, it is vitally important that all motorcy-
5 clists and passengers wear federal department of transportation (DOT)
6 approved helmets as required by section 381 of the vehicle and traffic
7 law to prevent injuries and fatalities. Moreover, it is imperative that
8 a motorcyclist utilize a DOT-approved helmet that is the correct style
9 for the type of riding that they are engaged in and that is an appropri-
10 ate size and fit for their head shape and face structure so that it can
11 function properly in the event of a crash.
12 To date, there has not been a comprehensive study conducted in New
13 York state to examine the efficacy of the variety of styles of DOT-ap-
14 proved motorcycle helmets or the guidelines and safety protocols that
15 inform the rider of how to properly fit and use this equipment. The
16 legislature therefore supports the commissioning of such a study in
17 order to assess the effectiveness of motorcycle helmets in preventing
18 fatality and injury, the functionality of a helmet when improperly worn
19 and the protocols in place to inform the consumer of how to properly fit
20 and wear this equipment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00071-01-9
A. 214 2
1 § 2. The department of transportation shall undertake a comprehensive
2 study on the effectiveness of motorcycle helmets in preventing injuries
3 and fatalities. The scope of this study shall include:
4 1. the efficacy of different styles and types of DOT-approved motorcy-
5 cle helmets in preventing injury and death; and
6 2. the adequacy of established state, federal and manufacturer use and
7 safety guidelines that inform the consumer of proper helmet fitment and
8 wear; and
9 3. evidence of injury or death resulting from improper helmet fitment
10 and/or wear; and
11 4. any other related information that the commissioner may deem neces-
12 sary or relevant in carrying out this study.
13 § 3. The department of transportation shall make a report to the
14 governor and the legislature of its findings, conclusions and recommen-
15 dations no later than one year after the effective date of this act and
16 shall submit with this report such legislative proposals as it deems
17 necessary to implement its recommendations.
18 § 4. If the department of transportation finds that it does not have
19 access to adequate state resources to conduct the study defined in
20 section two of this act the commissioner is authorized to contract with
21 an independent entity to conduct such study.
22 § 5. This act shall take effect immediately.
