BILL NUMBER: S6985A
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the general business law, in relation to requirements
for the rental of helmets
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation ensures that businesses such as bicycle rental shops
and ski resorts provide only safe, non-compromised helmets to customers.
Businesses must ask customers upon return whether a helmet sustained an
impact and remove any impacted helmet from service. To support honest
reporting, businesses may not charge a fee or penalty when an impact is
disclosed. The bill also defines what constitutes an "impact," requires
clear notice to customers about these rules, and establishes enforcement
provisions.
 
SUMMARY OF PROVISIONS:
Section 1 names this act the "Safe Helmet Act."
Section 2 adds a new section 391-ccc to the general business law. It
defines "impact" to include collisions, falls, or other contact suffi-
cient to compromise a helmet's structural integrity, whether or not
visible damage is present. It prohibits the rental of helmets that have
sustained an impact. It requires businesses to directly inquire upon
return whether a helmet sustained an impact and to maintain a record of
that inquiry. It prohibits charging any fee or penalty, or offering
incentives, related to whether a helmet is returned as impacted or
undamaged. It also requires businesses to post a clearly visible notice
and provide written notice to customers at the time of rental explaining
these requirements.
Section 3 prohibits the storage of impacted helmets with helmets avail-
able for rental.
Section 4 authorizes enforcement by the attorney general and establishes
a civil penalty of up to one hundred dollars per violation.
 
JUSTIFICATION:
Modern helmets are designed for single-impact use. They protect the
wearer by absorbing force through materials that may not show visible
damage after a crash. As a result, a helmet can be structurally compro-
mised while appearing intact. Manufacturers, public health authorities,
and consumer safety organizations consistently recommend replacing
helmets after any impact, even when no damage is visible. The New York
State Depailucent of Health provides similar guidance.
Current rental practices do not consistently ensure that impacted
helmets are removed from circulation. Without clear rules, businesses
may continue to rent compromised helmets, and customers may hesitate to
report impacts if they fear penalties. This creates a risk that individ-
uals rely on equipment that no longer provides meaningful protection.
This legislation addresses those gaps in a targeted way. It defines
"impact" clearly, requires direct inquiry and basic recordkeeping,
removes financial disincentives to reporting, and ensures customers are
informed of their role in the process. It also provides a modest
enforcement mechanism to support compliance. Together, these measures
help ensure that rental helmets provide the protection users reasonably
expect.
 
FISCAL IMPLICATIONS:
None.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: A10054 (Dilan)
 
EFFECTIVE DATE:
90 days after it shall have become a law.