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A2104
ASSEMBLY, No. 2104
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblymen Schaer and Rodriguez
SYNOPSIS
���� Requires helmet while operating bicycle, scooter, or
motorized scooter.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning helmet requirements while operating a
bicycle, scooter, or motorized scooter, and amending various parts of the
statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1991,
c.465 (C.39:4-10.1) is amended to read as follows:
���� 1.��� a.� A person
[
under 17 years
of age
]
shall not operate, or ride upon a bicycle as a passenger, unless that person is
wearing a properly fitted and fastened bicycle helmet which meets the standards
of the American National Standards Institute (ANSI Z90.4 bicycle helmet
standard) or the Snell Memorial Foundation�s 1990 Standard for Protective
Headgear for Use in Bicycling.� This requirement shall apply to a person who
rides upon a bicycle while in a restraining seat which is attached to the
bicycle or in a trailer towed by the bicycle.
���� As used in this act, �bicycle�
means a vehicle with two wheels propelled solely by human power and having
pedals, handle bars
,
and a saddle-like seat.� The term shall include a
bicycle for two or more persons having seats and corresponding sets of pedals
arranged in tandem.
���� b.��� The director shall
publish a list of bicycle helmets which meet the standards described in
subsection a. of this section and shall provide for its distribution in as many
locations frequented by the public as the director deems appropriate and
practicable.
���� c.���� The requirement in
subsection a. of this section shall apply at all times while a bicycle is being
operated on any property open to the public or used by the public for
pedestrian and vehicular purposes; however, a municipality may by ordinance
exempt from this requirement a person operating or riding on a bicycle as a
passenger when the bicycle is operated:
���� (1)�� on a road or highway
closed to motor vehicle traffic and limited to pedestrian or bicycle use at all
times or only during specified periods of time during which bicycles may be
operated; or
���� (2)�� exclusively on a trail,
route, course, boardwalk, path
,
or other area which is set aside for the
use of bicycles or for the use of pedestrians and bicycle operation is not
otherwise prohibited.� However, an exemption may not be granted under this
paragraph for any portion of a trail, route, course, boardwalk, path or other
area which is immediately adjacent to a road or highway used by motor vehicle
traffic and which does not contain a barrier of sufficient height and rigidity
to prevent the inadvertent or deliberate entry of a
bicycle operator onto the road or
highway.
���� d.��� An ordinance enacted
pursuant to subsection c. of this section shall specify those roads, highways,
trails, routes, courses, boardwalks, paths or areas within the municipality
where helmets are not required during the operation of a bicycle.
���� e.���� When a bicycle is being
operated in an area where bicycle helmets are not required, the operator or a
passenger, except a passenger in a restraining seat or trailer, shall dismount
from the bicycle and walk whenever it is necessary to enter a crosswalk or to
cross a road or highway upon which motor vehicle traffic is permitted.
(cf: P.L.2005, c.208, s.1)
���� 2.��� Section 3 of P.L.1991,
c.465 (C.39:4-10.3) is amended to read as follows:
���� 3.��� a.� A person regularly
engaged in the business of selling or renting bicycles shall post a sign at the
point where the sale or rental transaction is completed stating:� �STATE LAW
REQUIRES A BICYCLE RIDER
[
UNDER
17 YEARS OF AGE
]
TO WEAR A HELMET.�� The size of the sign shall be at a minimum 15 inches in
length and 8 inches in width.� This notification requirement shall not apply to
a seller when a bicycle is sold through the use of a catalog or brochure and
the purchase and payment are made by mail, telephone or another
telecommunications or electronic method.
���� A person who fails to post a
sign required by this subsection within 60 days after the effective date of
this amendatory act (P.L.1995, c.177) shall be subject to a penalty not to
exceed $25 a day for each day the business is open to the public and the sign
is not posted.� The enforcement of this subsection shall be vested in the
Director of the Division of Consumer Affairs of the Department of Law and
Public Safety, the inspectors appointed under his authority, and the police or
peace officers of, or inspectors duly appointed for this purpose, by any
municipality or county or by the State.� Jurisdiction of proceedings to collect
the penalties prescribed by this act is vested in the Superior Court and the
municipal court in any municipality where the defendant may be apprehended or
where he may reside.� Process shall be either a summons or warrant and shall be
executed in a summary manner pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.).
���� b.��� A person regularly
engaged in the business of renting bicycles shall provide a helmet to a person
[
under 17 years
of age
]
who will operate the bicycle in an area where a helmet is required, if the
person does not already have a helmet in
[
his
]
the
person�s
possession.� A fee may be charged for the helmet rental.
���� c.���� A person regularly
engaged in the business of selling or renting bicycles who complies with the
applicable requirements of this section shall not be liable in a civil action
for damages for any physical injury sustained by a bicycle operator or
passenger
[
who
is under the age of 17 years
]
as a result of the operator�s or passenger�s failure to wear a helmet or to
wear a properly fitted or fastened helmet in violation of the requirements of
this act.
���� d.��� Within 60 days after the
effective date of this amendatory act (P.L.1995, c.177), the Division of
Consumer Affairs in the Department of Law and Public Safety shall make a
reasonable effort to notify any person who is regularly engaged in the business
of selling or renting bicycles of the requirements of this section.� The
responsibility of a person under this section shall not be abrogated or
diminished in any manner if the person fails to receive or become aware of a
notice from the division.
(cf: P.L.2005, c.208, s.2)
���� 3.��� Section 1 of P.L.1997,
c.411 (C.39:4-10.5) is amended to read as follows:
���� 1.��� a.� As used in this act:
���� �Director� means the Director
of Consumer Affairs in the Department of Law and Public Safety.
���� �Roller 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.
����
�Scooter� means a device
with a set of wheels attached, regardless of the number or placement of those
wheels, designed to be operated from a standing position and controlled by use
of a handle bar and used to glide and propel the user over the ground.
����
�Motorized scooter� shall
have the same meaning as provided in R.S.39:1-1.�
���� b.��� A person
[
under 17 years
of age
]
shall not operate any roller skates
, scooter, motorized scooter,
or
skateboard unless that person is wearing a properly fitted and fastened helmet
which meets the standards of the American National Standards Institute (ANSI
Z90.4 bicycle helmet standard), the Snell Memorial Foundation�s 1990 Standard
for Protective Headgear for Use in Bicycling, the American Society for Testing
and Materials (ASTM) standard or other such standard, as appropriate.
���� c.���� The requirement in
subsection b. of this section shall apply at all times while a person subject
to the provisions of this act is operating roller skates
, or a scooter, or a
motorized scooter,
or skateboarding on any property open to the public or
used by the public for roller skating or skateboarding
, or scootering
.
(cf: P.L.2005, c.208, s.3)
���� 4.��� Section 4 of P.L.1997,
c.411 (C.39:4-10.8) is amended to read as follows:
���� 4.��� a.� It shall be unlawful
to manufacture, assemble, sell, offer to sell or distribute roller skates,
scooters,
motorized scooters,
skateboards or electric personal assistive mobility
devices unless such roller skates,
scooters, motorized scooters,
skateboards or electric personal assistive mobility devices contain a warning
notice consistent with the requirements of this section.
���� b.��� The warning notice
required by subsection a. of this section shall be placed in at least one of
the following locations and shall be clearly visible to the consumer:� (1) on
one roller skate in each pair of roller skates
,
or on the
scooter,
motorized scooter, or
skateboard; (2) on the outside of the box or other
container in which the roller skates,
scooter, motorized scooter,
skateboard or electric personal assistive mobility device� are offered for sale
at retail; or (3) on any user�s guide or instruction manual provided with the
roller skates,
scooter, motorized scooter,
skateboard or electric
personal assistive mobility device.
���� c.���� The warning notice
required by subsection a. of this section
[
must
]
shall
be printed in clear and conspicuous type and be substantially similar to the
following notice:� �WARNING! REDUCE THE RISK OF SERIOUS INJURY AND ONLY USE
WHILE WEARING FULL PROTECTIVE GEAR -- HELMET, WRIST GUARDS, ELBOW PADS
,
AND KNEE PADS.�
���� d.��� A person, firm,
corporation or other legal entity regularly engaged in the business of
manufacturing or assembling roller skates,
scooters, motorized scooters,
skateboards or electric personal assistive mobility devices who complies with
the requirements of this section shall not be liable in a civil action for
damages for any physical injury sustained by a user of roller skates, a
scooter,
motorized scooter or
skateboard
,
or an electric personal assistive
mobility device as a result of that user�s failure to wear a helmet in
accordance with the provisions of
[
this
act
]
P.L.1997,
c.411 (C.39:4-10.5 et al.)
.
(cf: P.L.2001, c.430, s.2)
���� 5.��� Section 5 of P.L.1997,
c.411 (C.39:4-10.9) is amended to read as follows:
���� 5.��� a.� A person, firm,
corporation or other legal entity regularly engaged in the business of selling
or renting roller skates
, scooters, motorized scooters,
or skateboards
shall post a sign at the point where the sale or rental transaction is
completed stating:� �STATE LAW REQUIRES A PERSON
[
UNDER 17 YEARS OF AGE
]
TO WEAR A
HELMET WHEN ROLLER SKATING
, SCOOTERING,
OR SKATEBOARDING.�� The size of
the sign shall be at a minimum 15 inches in length and 8 inches in width.� This
notification requirement shall not apply to a seller when roller skates
,
scooters, motorized scooters, or skateboards
are sold through the use of a
mail order catalog or brochure where the purchase and payment are made by mail,
telephone
,
or another telecommunications or electronic method.
���� b.��� A person, firm,
corporation or other legal entity who fails to post the sign required by
subsection a. of this section shall be subject to a penalty not to exceed $25 a
day for each day the business is open to the public and the sign is not
posted.� The enforcement of this subsection shall be vested in the director,
the inspectors appointed under
[
his
]
the
director�s
authority
,
and the police or peace officers of, or
inspectors duly appointed for this purpose by, any municipality or county or
the State.� Jurisdiction of proceedings to collect the penalties prescribed by
this act is vested in the Superior Court and the municipal court in any
municipality where the defendant resides.� Process shall be either a summons or
warrant and shall be executed in a summary manner pursuant to the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).
���� c.���� A person, firm,
corporation
,
or other legal entity regularly engaged in the business of
renting roller skates
, scooters, motorized scooters,
or skateboards
shall make available an approved helmet to a person
[
under 17 years of age
]
who rents the
roller skates
, scooter, motorized scooter,
or skateboards for use in an
area where a helmet is required, if the person does not already have a helmet
in
[
his
]
the
person�s
possession.� A fee may be charged for the helmet rental.
���� d.��� A person, firm,
corporation or other legal entity regularly engaged in the business of selling
or renting roller skates or skateboards who complies with the applicable
requirements of this section shall not be liable in a civil action for damages
for any physical injury sustained by a user of roller skates or a
scooter,
motorized scooter, or
skateboard
[
who
is under the age of 17 years
]
as a result of that person�s failure to wear a helmet in accordance with the
provisions of
[
this
act
]
P.L.1997,
c.411 (C.39:4-10.5 et al.)
.
���� e.���� Sixty days before the
effective date of
[
this
act
]
P.L.1997,
c.411 (C.39:4-10.5 et al.)
, the Division of Consumer Affairs in the
Department of Law and Public Safety shall make a reasonable effort to notify
any person, firm, corporation
,
or other legal entity who is regularly
engaged in the business of selling or renting roller skates or skateboards of
the requirements of this section.�
Sixty days before the effective date of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill), the
division shall make a reasonable effort to notify any person, firm,
corporation, or other legal entity who is regularly engaged in the business of
selling or renting scooters or motorized scooters of the requirements of this
section.
� The responsibility of a person, firm, corporation
,
or
other legal entity under this section shall not be abrogated or diminished in
any manner if the person fails to receive or become aware of a notice from the
division.
(cf: P.L.2005, c.208, s.4)
���� 6.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment.
STATEMENT
���� This bill requires all persons
to wear a helmet when bicycling, roller skating, or skateboarding.� Current law
requires persons 17 years of age and younger to wear a helmet when bicycling,
roller skating, or skateboarding.� This bill also extends the helmet
requirement to operators of non-motorized and motorized scooters.�
���� Under current law, it is
unlawful to manufacture, assemble, sell, offer to sell, or distribute bicycles,
roller skates, or skateboards without a warning notice advising customers of
the legal provisions concerning the wearing of approved helmets and appropriate
personal protection equipment, and persons selling or renting bicycles, roller
skates, or skateboards are required to advise their customers of these legal
provisions and make helmets available to persons subject to the helmet
requirement.� Businesses complying with these requirements would not be liable
in a civil action for damages for any physical injury sustained by a bicyclist,
roller skater, or skateboarder who fails to wear a helmet.� The bill expands
these requirements and civil immunity provisions to non-motorized and motorized
scooters.
���� The bill does not amend
section 8 of P.L.1997, c.411 (C.39:4-10.12), and therefore, it is the sponsor�s
understanding that the bill�s provisions do not apply to operators and patrons
of roller skating rinks subject to the �New Jersey Roller Skating Rink Safety
and Fair Liability Act,� P.L.1991, c.28 (C.5:14-1 et seq.).