SENATE, No. 475

STATE OF NEW JERSEY

INTRODUCED JANUARY 22, 1996

By Senator GIRGENTI

An Act concerning the safety of certain persons when roller skating, and supplementing chapter 14 of Title 5 of the Revised Statutes.

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

    1. a. As used in this act:

    "Director" means the Director of Consumer Affairs in the Department of Law and Public Safety.

    "Person" means a person less than 14 years of age.

    "Roller skate" means an in-line skate or any other shoe with a set of wheels attached, or frame with wheels that is designed to be attached to a shoe, regardless of the number or placement of those wheels.

    b. A person shall not roller-skate 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 the director may deem 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 roller-skating on any property open to the public or used by the public for roller skating.

    2. a. A person who violates the provisions 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 a non-lapsing revolving fund to be known as the "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 roller skating safety. If the director determines that sufficient money is available in the fund, he also may use the money, in a manner prescribed by rule and regulation, to assist low income families in purchasing approved 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.).

    3. a. A person regularly engaged in the business of selling or renting roller skates 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." 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 catalog or brochure and the purchase and payment are made by mail, telephone or another telecommunications or electronic method.

    A person who fails to post a sign required by this subsection 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 may be apprehended or where he may reside. 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.).

    b. A person regularly engaged in the business of renting roller skates shall provide a helmet to a person under 14 years of age who will use the roller skates 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.

    c. A person regularly engaged in the business of selling or renting roller skates 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 roller skater 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.

    d. 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 who is regularly engaged in the business of selling or renting roller skates of the requirements of this section. The responsibility of a person 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.

    4. The provisions of this act shall not apply to the operators of and roller skaters skating in 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.).

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

    6. This act shall take effect on the first day of the seventh month following enactment, except that section 5 shall take effect immediately.

STATEMENT

    This act requires that all persons under the age of 14 must wear an approved safety helmet when roller-skating on public property.

    Roller-skating is defined in the bill to include in-line skating, or as it is more commonly known, roller blading.

    The bill specifies that the helmets worn must meet the American National Standards Institute's standards for bicycle helmets, the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling, the American Society for Testing and Materials' standards, or a similar standard selected by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

    Under the provisions of the bill, the parent or legal guardian of the violator may be fined up to $25 for a first offense and up to $50 for any subsequent offense. The penalty may be waived, however, if the parent or guardian, can prove that an approved helmet or appropriate personal protection equipment has been purchased since the violation occurred. Any moneys collected as fines are to be deposited in a special fund, known as the "Skating Safety Fund." These fund moneys are to be used by the director to provide educational programs promoting roller skating safety. If there are sufficient funds, the director may use the moneys to assist low income families purchase helmets.

    This bill requires a person regularly engaged in the business of selling or renting roller skates to post a sign stating: "STATE LAW REQUIRES A PERSON UNDER 14 YEARS OF AGE TO WEAR A HELMET WHEN ROLLER-SKATING." The size of the sign is to be at a minimum 15 inches in length and 8 inches in width. The bill's requirements would not be applicable to sales of roller skates by means of a catalog or brochure.

    Under the provisions of the bill, a person who fails to post a sign would be subject to a penalty of up to $25 per day for each day the business is open to the public and the sign is not posted.

    The bill requires the Division of Consumer Affairs to make a reasonable effort to notify all persons regularly engaged in the business of selling or renting roller skates of the requirement to post a sign.

    The bill requires persons who sell and rent roller skates and skateboards to advise their customers of the bill's provisions concerning the wearing of approved helmets and appropriate personal protection equipment. Businesses complying with this requirement are declared not to be liable in a civil action for damages for any physical injury sustained by a roller skater who fails to wear a helmet.

    The operators 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.) are specifically exempted from the provisions of the bill.

Requires roller skaters under age 14 to wear helmets.