46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CHILD SAFETY; ENACTING THE CHILD HELMET SAFETY ACT; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Child Helmet Safety Act".

Section 2. PURPOSE OF ACT.--The purpose of the Child Helmet Safety Act is to reduce the incidence of death and disability related to bicycle riding, skating, scooter riding and skateboarding by requiring that, while riding a bicycle, skating, riding a scooter or skateboarding on public roadways, public bicycle paths, public skateboard parks or other public rights of way, all operators and passengers wear protective helmets.

Section 3. DEFINITIONS.--As used in the Child Helmet Safety Act:

A. "bicycle" means a human-powered vehicle with two wheels in tandem designed to transport, by the act of pedaling, one or more persons seated on one or more saddle seats on its frame and includes a human-powered vehicle designed to transport by the act of pedaling, which has more than two wheels when the vehicle is used on a public roadway, public bicycle path or other public road or right of way, including a tricycle;

B. "operator" means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle, or a person who propels himself by way of using inline skates, roller skates, a skateboard or a scooter;

C. "other public right of way" means a right of way other than a public roadway or public bicycle path that is under the jurisdiction and control of the state or a local political subdivision;

D. "passenger" means a person who travels on a bicycle or scooter in any manner except as an operator;

E. "protective helmet" means a piece of headgear that meets or exceeds the impact standard for protective helmets set by the United States consumer product safety commission federal safety standard and those standards developed by the American national standards institute, the Snell memorial foundation or the American society for testing and materials;

F. "public bicycle path" means a right of way under the jurisdiction and control of the state or a local political subdivision for use primarily by bicyclists and pedestrians;

G. "public roadway" means a right of way under the jurisdiction and control of the state or a local political subdivision for use primarily by motor vehicular traffic;

H. "scooter" means a non-motorized wheeled vehicle, regardless of the number or placement of those wheels, that has handlebars, designed to be stood on by the operator or passenger and used to glide or propel the operator or passenger over the ground;

I. "skateboard" means a set of wheels attached to a platform or flat surface, regardless of the number or placement of those wheels, and used to glide or propel the operator over the ground; and

J. "skates" means a pair of devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels, and used to glide or propel the user over the ground and may be either inline or roller.

Section 4. HELMET USE REQUIREMENTS.--

A. A person who uses, as an operator or passenger, a bicycle, skates, a scooter or a skateboard on a public roadway, public bicycle path or other public right of way shall at all times wear a protective helmet fastened securely upon his head with the straps of the helmet.

B. A parent or legal guardian of a person aged seventeen and under shall not knowingly permit the person to operate or be a passenger on a bicycle or to use skates, a scooter or a skateboard on a public roadway, public bicycle path, public skateboard park or other public right of way in violation of Subsection A of this section.

C. A local unit of government may adopt rules as strict or more stringent than the requirements of this section.

Section 5. EQUIPMENT SALES OR RENTALS.--

A. A person regularly engaged in the business of renting bicycles, skates, scooters or skateboards shall require each person seeking to rent one or more of these items to provide his signature either on the rental form or on a separate form indicating the following:

(1) receipt of a written explanation of the provisions of the Child Helmet Safety Act and the penalties for violations; and

(2) a statement concerning whether a person aged seventeen or under will be an operator or passenger on the bicycle or use skates, a scooter or a skateboard in an area where the use of a protective helmet is required.

B. A person regularly engaged in the business of renting bicycles, skates, scooters or skateboards shall provide a protective helmet to a person who will be an operator of or passenger on the bicycle, skates, scooter or skateboard in an area requiring a helmet, if the person does not already have a helmet in his possession. A reasonable fee may be charged for the protective helmet rental.

C. A person regularly engaged in the business of selling or renting bicycles, skates, scooters or skateboards who complies with the Child Helmet Safety Act shall not be liable in a civil action for damages for any physical injuries sustained by or as a result of the failure to wear a protective helmet in violation of the Child Helmet Safety Act.

Section 6. CONTRIBUTORY NEGLIGENCE.--Failure to wear a protective helmet shall not be considered evidence of contributory negligence and shall be inadmissible in any civil action.

Section 7. PENALTIES.--Violations of Section 4 of the Child Helmet Safety Act shall be penalized as follows:

A. on the first offense, the violator shall be issued a written warning and be required to view an appropriate safety video;

B. on the second offense and all subsequent offenses, the violator shall:

(1) provide proof of purchase of a protective helmet to the appropriate county or municipal office where the violation occurred;

(2) perform four hours of community service in exchange for a voucher to receive a free protective helmet, if available, from a safe kids organization or a discounted protective helmet from a local retailer participating in the safe kids program; or

(3) be fined twenty-five dollars ($25.00); and

C. fines assessed to a violator aged seventeen and under will be the legal responsibility of the violator's parent or guardian.

Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.