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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. "passenger" means a person under eighteen years

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of age 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. "public skateboard park" means an area of

public property set aside, designed and maintained for

recreation by persons using bicycles, scooters, skateboards

or skates;

I. "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;

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J. "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

K. "skates" means a pair of devices worn on the

feet with a set of wheels attached and used to glide or

propel the user over the ground and may be either inline or

roller, but "skates" does not include a pair of devices,

similar to a pair of common shoes, that has one or more

wheels embedded in the sole of each device.

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, skates, scooter or skateboard unless

that minor wears a well-fitted protective bicycle helmet,

fastened securely upon the head with the straps of the

helmet.

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

issue a verbal warning or require, in lieu of the fine

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imposed in Subsection B of this section, that the person

found in violation provide proof that a protective helmet has

been purchased for use by the minor found on the bicycle,

skates, scooter or skateboard without a protective helmet.

D. A municipal court may issue only a verbal

warning for a first or later violation.

Section 4. EQUIPMENT SALES OR RENTALS.--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 the minor's possession. A reasonable fee

may be charged for the protective helmet rental.

Section 5. NEGLIGENCE.--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, 2007.