SENATE LAW AND PUBLIC SAFETY COMMITTEE

 

STATEMENT TO

 

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, Nos. 537 and 475

 

STATE OF NEW JERSEY

 

DATED: MARCH 14, 1996

 

      The Senate Law and Public Safety Committee reports favorably a Senate Committee Substitute for Senate Bill Nos. 537 and 475.

      This substitute 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. Roller skates are defined to mean 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.

      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 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 has been purchased since the violation occurred.

      All moneys collected as fines would be deposited into the "Bicycle and Skating Safety Fund." The substitute 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 substitute 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.

      Failure to wear a helmet would not constitute negligence per se, contributory negligence, or assumption of risk, and would not in any way bar, preclude or foreclose an action for personal injury or wrongful death.

      Under the provisions of the substitute 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 substitute 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.

      Sixty days before the effective date of the substitute bill, the Division of Consumer Affairs in the Department of Law and Public Safety is required to make a reasonable effort to notify any person, firm, corporation or other legal entity who sells or rents roller skates or skateboards of these requirements.

      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.).