Prohibits a skier from skiing in any area unless he or she is wearing a protective helmet; applicable to skiers under fourteen years of age

Summary of provisions

Section one of this bill would amend Subdivisions 13 and 14 of section 18-105 of the general obligations law, as added by chapter 711 of the laws of 1988, and would add a new subdivision 15 to require that all skiers under fourteen years of age have the responsibility to wear a helmet suitable for use while skiing.

Section two of this bill would add a new section 18-106-a to the general obligations law to provide that local law enforcement will have the responsibility of enforcing these new ski helmet requirements.

Section three of this bill would add three new subdivisions 15, 16 and 17 to Section 18-103 to the general obligations law to provide for the posting of signs advising customers of the availability of helmets for rent or for sale at the ski area and to provide for a reasonable inventory of helmets for rent and for sale. Furthermore, it requires that the phrase "New York State Law prohibits children under fourteen years of age from skiing/snowboarding without a helmet." be published on all lift tickets.

Section four of this bill provides for the effective date.

Justification

At the request of the Ski Areas of New York, Inc., this legislation is modeled after the New York State Bicycle Helmet Law to provide for the use of helmets for all skiers under the age of fourteen who ski at New York ski areas. This bill would require that all skiers under the age of fourteen wear protective helmets that are fastened securely to their head with straps securely fastened. It will be the responsibility of local law enforcement to enforce this new helmet requirement. Ski area operators will be required to post signage at locations where ski tickets are sold advising customers of this new law as well as the avail ability of helmets for rent and for sale at the ski facility. The Ski Areas of New York, Inc. encourage and promote the use of helmets by their skiers, and this legislation will now require that those skiers under the age of fourteen will now have to wear a protective helmet similar to what is required under the New York State Bicycle Helmet Law.

While statistics support the fact that skiing is a relatively safe sport with 2.6 injuries per 1,000 skier visits, head injuries do occur with some frequency and make up approximately 14% of all injuries suffered. The New York State Ski Industry has been proactive regarding helmet use by children. They provide helmets for rent and for sale at their resorts. They also educate their consumers on the benefits of helmet use; resort signage and education programs such as WWW.LIDSONKIDS.COM are examples.

Based upon their commitment to safety and helmet design advances, the New York State Ski Industry (consistent with previous skier responsibility laws Industrial Code article 18) is willing to support certain helmet related obligations such as mandatory sign age, inventory and education regarding. helmet use by children. Child ski helmet use and awareness is growing. By enacting this law, more children will wear helmets while skiing which in turn will reduce the number of head injuries suffered while skiing in New York State. Given the success of the New York State Bicycle Helmet law, the Ski Areas of New York, Incorporated supports legislation which extends this law to the sport of downhill skiing.

Legislative history

2011 S.4356 Passed Senate 2012 S.4356 Committed to Finance

Fiscal implications

None

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however that section three of this act shall take effect one year after it shall have become a law.