§ 1238. Passengers on bicycles under one year of age prohibited;\npassengers and operators under fourteen years of age to wear protective\nheadgear; operators of class three bicycles with electric assist to wear\nprotective headgear. 1. No person operating a bicycle shall allow a\nperson who is under one year of age to ride as a passenger on a bicycle\nnor shall such person be carried in a pack fastened to the operator. A\nfirst violation of the provisions of this subdivision shall result in no\nfine. A second violation shall result in a civil fine not to exceed\nfifty dollars.\n 2. No person operating a bicycle shall allow a person one or more\nyears of age and less than five years of age to ride as a passenger on a\nbicycle unless:\n (a) such passenger is wearing a helmet meeting standards established\nby the commissioner. For the purposes of this subdivision wearing a\nhelmet means having a helmet of good fit fastened securely upon the head\nwith the helmet straps; and\n (b) such passenger is placed in a separate seat attached to the\nbicycle and such seat shall have adequate provision for retaining the\npassenger in place and for protecting the passenger from the moving\nparts of the bicycle.\n 2-a. The commissioner shall promulgate rules and regulations\nestablishing standards for helmets required to be worn while bicycling,\nin-line skating, or operating a skate board. Such standards, to the\nextent practicable, shall reflect the standards recommended by the Snell\nMemorial Foundation, Safety Equipment Institute, or United States\nConsumer Product Safety Commission.\n 3. Any person who violates the provisions of subdivision two of this\nsection shall pay a civil fine not to exceed fifty dollars.\n 4. The court shall waive any fine for which a person who violates the\nprovisions of paragraph (a) of subdivision two of this section would be\nliable if such person supplies the court with proof that between the\ndate of violation and the appearance date for such violation such person\npurchased or rented a helmet, which meets the requirements of paragraph\n(a) of subdivision two of this section. Further, the court shall waive\nany fine for which a person who violates the provisions of paragraph (b)\nof subdivision two of this section would be liable if such person\nsupplies the court with proof that between the date of violation and the\nappearance date for such violation such person purchased or rented a\nseat which meets the requirements of paragraph (b) of subdivision two of\nthis section. The court may waive any fine for which a person who\nviolates the provisions of subdivision two of this section would be\nliable if the court finds that due to reasons of economic hardship such\nperson was unable to purchase a helmet or seat. Such waiver of fine\nshall not apply to a second or subsequent conviction under paragraph (a)\nor (b) of subdivision two of this section.\n 5. (a) No person operating a bicycle shall allow a person five or more\nyears of age and less than fourteen years of age to ride as a passenger\non a bicycle unless such passenger is wearing a helmet meeting standards\nestablished by the commissioner.\n (b) No person, one or more years of age and less than fourteen years\nof age, shall operate a bicycle unless such person is wearing a helmet\nmeeting standards established by the commissioner.\n (c) For the purposes of this subdivision wearing a helmet means having\na helmet of good fit fastened securely upon the head with the helmet\nstraps.\n 5-a. No person, one or more years of age and less than fourteen years\nof age, shall skate or glide on in-line skates or a skate board unless\nsuch person is wearing a helmet meeting standards established by the\ncommissioner. For the purposes of this subdivision, wearing a helmet\nmeans having a helmet of good fit fastened securely on the head of such\nwearer with the helmet straps securely fastened.\n 5-b. No person less than fourteen years of age shall ride u
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