HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 265
47th legislature - STATE OF NEW MEXICO - first session, 2005
AN ACT
RELATING TO CHILD SAFETY; ENACTING THE CHILD HELMET SAFETY ACT; PROVIDING CIVIL 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. 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. "minor" means a person under eighteen years of age;
C. "operator" means a person under eighteen years of age who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle, or who propels himself by way of using inline skates, roller skates, a skateboard or a scooter;
D. "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;
E. "passenger" means a person under eighteen years of age who travels on a bicycle or scooter in any manner except as an operator;
F. "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;
G. "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;
H. "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;
I. "public skateboard park" means an area of public property set aside, designed and maintained for recreation by persons using bicycles, scooters, skateboards or skates;
J. "scooter" means a 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;
K. "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
L. "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 3. HELMET USE REQUIREMENTS--CIVIL PENALTY.--
A. It is unlawful for a parent or legal guardian of a minor to knowingly permit that minor to operate or be a passenger on a bicycle unless that minor wears a well-fitted protective bicycle helmet, fastened securely upon the head with the straps of the helmet, while on the bicycle.
B. Except as provided in Subsection C of this section, a parent or legal guardian found guilty of violating Subsection A of this section shall pay a civil penalty of not more than ten dollars ($10.00). Magistrate and municipal courts shall have concurrent jurisdiction.
C. If a violation of Subsection A of this section is a first offense, the magistrate or municipal court may require, in lieu of the fine imposed in Subsection B of this section, that the person found in violation provide proof that a protective bicycle helmet has been purchased for use by the minor found on the bicycle without a protective helmet.
Section 4. EQUIPMENT SALES OR RENTALS.--
A. A person engaged in the business of renting bicycles, skates, scooters or skateboards shall provide a protective helmet to a minor who will be an operator of or passenger on a rented bicycle, skates, scooter or skateboard if the minor does not already have a helmet in his possession. A reasonable fee may be charged for the protective helmet rental.
B. A person 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 physical injuries sustained by or as a result of a minor customer's failure to wear a protective helmet in violation of the provisions of the Child Helmet Safety Act.
C. The owner of a public skateboard park shall not be liable in a civil action for damages for physical injuries sustained by or as a result of a minor customer's failure to wear a protective helmet in violation of the provisions of the Child Helmet Safety Act.
Section 5. NEGLIGENCE.--No negligence or liability shall be assessed on or imputed to any party on account of a violation of the Child Helmet Safety Act and failure to wear a protective helmet shall not limit or apportion damages.
Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
- 5 -