BILL NUMBER: S6985
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 would ensure that businesses such as bicycle rental
shops and ski resorts that lend or provide a helmet for rental provide
only non-damaged gear to customers. Businesses will be required to ask
customers returning the equipment whether the helmet has sustained an
impact. In case the helmet was impacted during use, the business that
supplied such helmet will be required to remove it from further rental.
To ensure customers have no incentive to not report an impact crash,
commercial helmet providers will be prohibited from charging customers a
fee or penalty if an impact is reported.
 
SUMMARY OF PROVISIONS:
Section 1 names this act as the "Safe Helmet Act".
Section 2 amends the general business law by adding a new section 391-cc
that prohibits corporations from renting damaged helmets. subdivision
(a) requires direct inquiry upon a rental return whether any impacts
have been sustained to such helmet, and the storage of such record.
subdivision (b) prohibits corporations from charging a fee or penalty in
case rented helmet have sustained an impact while in possession of such
costumer.
Section 3 prohibits the storage of undamaged helmets with damaged'ones.
 
JUSTIFICATION:
Modern helmets are designed to sustain one single impact and protect the
wearers' head by using material that absorbs the impact and significant-
ly reduces the possibility of a head injury. It is not always possible
to determine if a helmet has been damaged since the bulk of the impact
is absorbed by the foam inside the outer shell; and companies providing
helmets for rent currently have no incentive to replace a non-functional
helmet since they would incur an additional cost. Manufacturers, health,
and consumer organizations all recommend replacing a helmet after an
impact even without visible damages. Also, the NYS Department of Health
recommends replacing a helmet after impact. Damaged helmets, in addition
to their lack of protection, give riders the illusion of protection,
possibly making them engage in more dangerous activity than they other-
wise would without a helmet.
Known as the Safe Helmet Act of 2024, this legislation will enhance New
Yorkers health and safety by ensuring only functional helmets are
provided for rental.
 
FISCAL IMPLICATIONS:
None.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: A10054 (Dilan)
 
EFFECTIVE DATE:
90 days after it shall have become a law.