A2107

ASSEMBLY, No. 2107

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Assemblymen KELLY, O'TOOLE, Augustine, Bagger, Doria, Assemblywoman Allen, Assemblyman Gusciora, Assemblywoman Turner, Assemblymen Greenwald, LeFevre, T. Smith, Assemblywoman Friscia, Assemblymen DeSopo, Bucco, Assemblywoman Crecco, Assemblymen Bateman, Garcia, Romano, Blee, Wisniewski, Green, Assemblywoman Buono, Assemblyman Barnes, Assemblywoman Heck, Assemblymen DeCroce and Kavanaugh

An Act concerning the safety of certain persons when roller skating or skateboarding, and supplementing chapter 4 of Title 39 of the Revised Statutes and amending P.L.1991, c.465.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) 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.

b. A person under 14 years of age shall not operate any roller skates 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 skateboarding on any property open to the public or used by the public for roller skating or skateboarding.

2. (New section) a. A person who violates the provisions of section 1 of this act by failing to wear an approved helmet shall be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined a maximum of $25 for a first offense and a maximum of $50 for a subsequent offense. The penalties provided under the provisions of this subsection for failing to wear an approved helmet may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet or appropriate personal protection equipment has been purchased since the violation occurred.

b. All moneys collected as fines under subsection a. of this section shall be deposited in the "Bicycle and Skating Safety Fund" pursuant to section 2 of P.L.1991, c.465 (C.39:4-10.2).

3. (New section) The failure of any person to comply with the provisions of section 1 of this act shall not constitute negligence per se, contributory negligence, or assumption of risk, and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person.

4. (New section) a. It shall be unlawful to manufacture, assemble, sell, offer to sell, or distribute roller skates or skateboards unless such roller skates or skateboards 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 skateboard; (2) on the outside of the box or other container in which the roller skates or the skateboard are offered for sale at retail; or (3) on any user's guide or instruction manual provided with the roller skates or the skateboard.

c. The warning notice required by subsection a. of this section must 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 assemblying roller skates or skateboards 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 or a skateboard as a result of that user's failure to wear a helmet in accordance with the provisions of this act.

5. (New section) a. A person, firm, corporation or other legal entity regularly engaged in the business of selling or renting roller skates or skateboards shall post a sign at the point where the sale or rental transaction is completed stating: "STATE LAW REQUIRES A PERSON UNDER 14 YEARS OF AGE TO WEAR A HELMET WHEN ROLLER SKATING 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 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 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 resides. Process shall be either a summons or warrant and shall be executed in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).

c. A person, firm, corporation or other legal entity regularly engaged in the business of renting roller skates or skateboards shall make available an approved helmet to a person under 14 years of age who rents the roller skates or skateboards for use in an area where a helmet is required, if the person does not already have a helmet in his 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 skateboard who is under the age of 14 years as a result of that person's failure to wear a helmet in accordance with the provisions of this act.

e. Sixty days before the effective date of this act, 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. 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.

6. (New section) The provisions of this act shall not apply to the operators of and patrons of roller skating rinks governed by the provisions of the "New Jersey Roller Skating Rink Safety and Fair Liability Act," P.L.1991, c.28 (C.5:14-1 et seq.).

7. (New section) The director, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may promulgate rules and regulations to effectuate the purposes of this act.

8. Section 2 of P.L.1991, c.465 (C.39:4-10.2) is amended to read as follows:

2. a. A person who violates a requirement of this act shall be warned of the violation by the enforcing official. The parent or legal guardian of that person also may be fined a maximum of $25 for the person's first offense and a maximum of $100 for a subsequent offense if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. Penalties provided in this section for a failure to wear a helmet may be waived if an offender or his parent or legal guardian presents suitable proof that an approved helmet was owned at the time of the violation or has been purchased since the violation occurred.

b. All money collected as fines under subsection a. of this section and subsection a. of Section 2 of P.L. c. (C. ) (now pending before the Legislature as this bill) shall be deposited in a nonlapsing revolving fund to be known as the "Bicycle and Skating Safety Fund." Interest earned on money deposited in the fund shall accrue to the fund. Money in the fund shall be utilized by the director to provide educational programs devoted to bicycle, roller skating and skateboarding safety. If the director determines that sufficient money is available in the fund, he also may use, in a manner prescribed by rule and regulation, the money to assist low income families in purchasing approved bicycle helmets. For the purposes of this subsection, "low income family" means a family which qualifies for low income housing under the standards promulgated by the Council on Affordable Housing pursuant to the provisions of P.L.1985, c.222 (C.52:27D-301 et seq.).

(cf: P.L.1991, c.465, s.2)

9. This act shall take effect on the first day of the seventh month following enactment, except that section 7 shall take effect immediately.

STATEMENT

This bill requires all persons under 14 years of age to wear an approved helmet when operating any roller-skates or skateboard on public property. It specifies that the helmet worn must meet 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.

A person who violates the substitute bill's provisions by failing to wear an approved helmet would be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined a maximum of $25 for a first offense and a maximum of $50 for a subsequent offense. The penalties for failing to wear an approved helmet may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet has been purchased since the violation occurred.

All moneys collected as fines would be deposited into the "Bicycle and Skating Safety Fund." The bill amends section 2 of P.L.1991, c.465 (C.39:4-10.2), the "Bicycle Safety Fund," which was created as the depository of fines under the bicycle helmet law. The bill changes the name of the fund and provides that moneys in the fund would be used to provide educational programs for roller skating and skateboard safety, in addition to bicycle safety. If there are sufficient funds, the director may use the moneys to assist low income families in purchasing approved helmets.

Under the provisions of the bill, it would be unlawful to manufacture, assemble, sell, offer to sell, or distribute roller skates or skateboards without a warning notice. The warning notice must be placed in at least one of the following locations and be clearly visible to the consumer: (1) on one roller skate in each pair of roller skates or on the skateboard; (2) on the outside of the box or other container in which the roller skates or the skateboard are offered for sale at retail; or (3) on any user's guide or instruction manual provided with the roller skates or the skateboard. It must 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."

Businesses that comply with the requirements of this section would not be liable in a civil action for damages for any physical injury sustained by a roller skate or a skateboard or who fails to wear a helmet.

The bill also requires a person, firm, corporation or other legal entity that sells or rents roller skates or skateboards to post a sign stating: "STATE LAW REQUIRES A PERSON UNDER 14 YEARS OF AGE TO WEAR A HELMET WHEN ROLLER-SKATING OR SKATEBOARDING." This notification requirement would not apply to sales of roller skates through mail order catalogs or brochures. Businesses that fail to post the sign would 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.

Businesses that rent roller skates or skateboards are required to provide approved helmets to persons under 14 years who rent roller skates or skateboards for use in an area where a helmet is required. A fee may be charged for the helmet rental. Businesses that comply with the requirements of this section would not be liable in a civil action for damages for any physical injury sustained by a roller skater or a skateboarder who fails to wear a helmet.

The substitute bill's provisions would not apply to the operators of and patrons of roller skating rinks governed by the provisions of the "New Jersey Roller Skating Rink Safety and Fair Liability Act," P.L.1991, c.28 (C.5:14-1 et seq.).

Requires roller skaters and skateboarders under age 14 to wear helmets.