Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman DAVID R. MAYER
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Gusciora
SYNOPSIS
Prohibits sale of certain bicycles with quick release wheels.
CURRENT VERSION OF TEXT
As introduced.
An Act the prohibiting the sale of certain bicycles with quick release wheels and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature hereby finds and declares that:
Children riding bicycles with quick release wheels have been involved in over 100 accidents;
Many of the children involved in these accidents have suffered injuries, including permanent scarring, disfigurement, major bone and dental trauma, severe scraping and bruising, brain injury, and ruptured internal organs;
Multiple bicycle manufacturers have recalled their quick release mechanisms due to failure of the mechanism; and
The danger to children caused by bicycles with quick release wheels is unacceptable in light of the fact that safer alternatives exist.
It is, therefore, altogether fitting and proper that the State regulate the sale of bicycles with quick release wheels to stem the rash of senseless injuries to children resulting from their use.
2. a. It shall be an unlawful practice for any person to sell a bicycle intended for use by children which is equipped with a quick release wheel.
b. For the purposes of this act, "quick release wheel" means a wheel which does not require the use of any tools to be removed from the bicycle.
A wheel which:
(1) is equipped with, or has been retrofitted with, a mechanism designed to hold the wheel in place in an emergency, including but not limited to a retainer clip; or
(2) requires significant level of dexterity to remove, so as to reasonably prevent removal by a child,
shall not be construed to be a “quick release wheel” for the purposes of this act.
3. This act shall take effect on the first day of the third month after enactment.
STATEMENT
This bill would make it an unlawful practice for any person to sell a bicycle intended for use by children which is equipped with a quick release wheel.
The bill defines "quick release wheel" as a wheel which does not require the use of any tools to be removed from the bicycle. Under the bill, wheels:
· equipped or retrofitted with retainer devices; or
· which require a significant level of dexterity to remove, so as to reasonably prevent removal by a child
would not be considered quick release wheels.
An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured party.