SENATE, No. 537
STATE OF NEW JERSEY
INTRODUCED JANUARY 29, 1996
By Senator BASSANO
An Act concerning skateboard and roller skate safety, and supplementing chapter 4 of Title 39 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 the Division of Motor Vehicles in the Department of Law and Public Safety.
b. A person shall not roller skate or operate or ride upon a skateboard unless that person is wearing (1) 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; and (2) appropriate personal protection equipment, including knee pads, elbow pads, and wrist and palm guards. For the purposes of this act, "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.
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 or operating or riding a skate board on any property open to the public or used by the public for roller skating or skate boarding.
2. a. A person who violates the provisions of this act by failing to wear an approved helmet or appropriate personal protection equipment shall be warned of the violation by the enforcing official. The violator or, in the case of a violator who is under the age of 18, the parent or legal guardian of the violator may be fined a maximum of $25 for a first offense and a maximum of $100 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 violator or, in the case of a violator who is under the age of 18, the parent or legal guardian of the violator present suitable proof that an approved helmet or appropriate personal protection equipment have been purchased since the violation occurred.
b. All moneys collected as fines under subsection a. of this section shall be deposited in a nonlapsing 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 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 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 roller skates or skateboards shall provide a purchaser of roller skates or a skateboard with a written explanation, either on the receipt of sale or on a separate form, of the provisions of section 1 of this act and of the penalties provided under subsection a. of section 2 of this act for violations. The seller also shall obtain each purchaser's signature indicating receipt of that information.
b. A person regularly engaged in the business of renting roller skates or skateboards shall require each person seeking to rent roller skates or a skateboard to provide his signature either on the rental form or on a separate form indicating receipt of a written explanation of the provisions of section 1 of this act and of the penalties provided under subsection a. of section 2 of this act for a violation. An approved helmet and appropriate personal protection equipment shall be provided to each renter by the person engaged in the business of renting the roller skates or skateboard. A rental fee may be charged for any helmet or appropriate personal protection equipment so provided.
c. A person regularly engaged in the business of selling or renting roller skates or skateboards who complies with the applicable requirements of subsections a. and b. of this section shall not be liable in a civil action for damages for any physical injury sustained by a roller skater or skateboarder as a result of that person's failure to wear a helmet and appropriate personal protection equipment in accordance with the provisions of this act.
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 must wear an approved safety helmet and appropriate personal protection equipment (knee pads, elbow pads, and wrist and palm guards) when roller skating or skateboarding 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 Motor Vehicles.
Under the provisions of the bill, a violator or, in the case of a violator who is under the age of 18, the parent or legal guardian of the violator may be fined up to $25 for a first offense and up to $100 for any subsequent offense. The penalty may be waived, however, if the offender, or his 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 and skateboard safety. If there are sufficient funds, the director may use the moneys to assist low income families purchase helmets.
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 or skateboarder 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 skateboarders and roller skaters to wear helmets and personal protection equipment.