Senator LORETTA WEINBERG
District 37 (Bergen)
Prohibits sale of certain bicycles with quick release wheels.
CURRENT VERSION OF TEXT
An Act 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;
The danger to children caused by bicycles with quick release wheels is unacceptable in light of the fact that safer alternatives exist; and
Furthermore, advances in quick release technology make it right and proper that the new mechanisms—which are less prone to assembler and user error—be used in place of the old.
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 with a front wheel diameter of 20 inches or less, which is equipped with a quick release wheel, exclusive of specialty adult bicycles.
b. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill):
(1) "quick release wheel" means any bicycle front wheel which does not require the use of any tools for wheel removal;
(2) “primary retention device” means a device that keeps the bicycle wheel connected to the bicycle for riding; and
(3) “secondary retention device” means a device that retains the bicycle wheel in the bicycle fork when the primary retention device is disengaged.
c. (1) It shall be an unlawful practice for any person to sell a bicycle which is equipped with a quick release wheel if:
(a) the front wheel diameter is greater than 20 inches; or
(b) it is a specialty adult bicycle with a front wheel diameter of 20 inches or less.
(2) The sale of a bicycle which meets the following conditions shall not be considered an unlawful practice under paragraph (1) of this subsection:
(a) The quick release wheel is equipped with both a primary and a secondary retention device; and
(b) The secondary retention device conforms to the following performance specifications:
(i) The secondary retention device activates automatically when the wheel is placed in the fork dropouts;
(ii) The secondary retention device does not disengage for wheel removal unless it is actively held in the disengaged position by the user during wheel removal;
(iii) The secondary retention device, regardless of the method of manual operation by the user, always prevents wheel separation while the bicycle is ridden; and
(iv) During all states of fastening and unfastening of the primary retention device, the secondary retention device, in a hands-off condition, does not allow the wheel to separate from the fork.
3. This act shall take effect on the first day of the third month after enactment.
This bill would make it an unlawful practice for any person to sell certain bicycles equipped with quick release wheels. The bill defines "quick release wheel" as any bicycle front wheel which does not require the use of any tools for wheel removal.
Under the bill, it would be an unlawful practice to sell any bicycle equipped with a quick release wheel if it has a front wheel diameter of 20 inches or less and is not a specialty adult bicycle. Further, the bill would make the sale of any other type of bicycle, including specialty adult bicycles with a front wheel diameter of 20 inches or less, equipped with a quick release wheel an unlawful practice, unless:
· the bicycle is equipped with both, a primary and secondary retention device, and
· the secondary retention device meets certain standards designed to prevent the accidental separation of the wheel from the bicycle fork.
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.