Requires every person, corporation, association or partnership who rents helmets or provides helmets to customers as part of their business to ensure that such helmets are undamaged.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5822
SPONSOR: Dilan TITLE OF BILL:
An act to amend the general business law, in relation to requirements
for the rental of helmets
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would ensure that businesses such as bicycle rental
shops and ski resorts that lend or provide a helmet for rental provide
only non-damaged gear to customers. Businesses will be required to ask
customers returning the equipment whether the helmet has sustained an
impact. In case the helmet was impacted during use, the business that
supplied such helmet will be required to remove it from further rental.
To ensure customers have no incentive to not report an impact crash,
commercial helmet providers will be prohibited from charging customers a
fee or penalty if an impact is-reported.
SUMMARY OF PROVISIONS:
Section 1 names this act as the "Safe Helmet Act".
Section 2 amends the general business law by adding a new section 391-cc
that prohibits corporations from renting damaged helmets. subdivision
(a) requires direct inquiry upon a rental return whether any impacts
have been sustained to such helmet, and the storage of such record.
subdivision (b) prohibits corporations from charging a fee or penalty in
case rented helmet have sustained an impact while in possession of such
costumer.
Section 3 prohibits the storage of undamaged helmets with damaged' ones.
JUSTIFICATION:
Modern helmets are designed to sustain one single impact and protect the
wearers' head by using material that absorbs the impact and significant-
ly reduces the possibility of a head injury. It is not always possible
to determine if a helmet has been damaged since the bulk of the impact
is absorbed by the foam inside the outer shell; and companies providing
helmets for rent currently have no incentive to replace a non-functional
helmet since they would incur an additional cost. Manufacturers, health,
and consumer organizations all recommend replacing a helmet after an
impact even without visible damages. Also, the NYS Department of Health
recommends replacing a helmet after impact. Damaged helmets, in addition
to their lack of protection, give riders the illusion of protection,
possibly making them engage in more dangerous activity than they other-
wise would without a helmet.
Known as the Safe Helmet Act of 2024, this legislation will enhance New
Yorkers health and safety by ensuring only functional helmets are
provided for rental.
FISCAL IMPLICATIONS:
None
PRIOR LEGISLATIVE HISTORY:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
5822
2025-2026 Regular Sessions
IN ASSEMBLY
February 20, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requirements
for the rental of helmets
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "safe helmet act".
3 § 2. The general business law is amended by adding a new section 391-
4 ccc to read as follows:
5 § 391-ccc. Rental of helmets. 1. No person, corporation, association
6 or partnership who rents helmets or provides helmets to customers as
7 part of their business shall rent or provide a helmet that has previous-
8 ly sustained an impact.
9 2. (a) (i) Every person, corporation, association or partnership who
10 rents helmets or provides helmets to customers as part of their business
11 shall directly inquire from every customer about whether any impacts
12 have been sustained to a rented or provided helmet upon the return of
13 such helmet.
14 (ii) Every person, corporation, association or partnership who rents
15 helmets or provides helmets to customers as part of their business shall
16 keep a written record of every notification of an impact provided by a
17 customer pursuant to subparagraph (i) of this paragraph.
18 (b) No person, corporation, association or partnership who rents
19 helmets or provides helmets to customers as part of their business
20 shall:
21 (i) charge a customer a fee or penalty if a helmet rented or provided
22 to such customer sustained an impact while in the possession of such
23 customer; or
24 (ii) provide a discount or incentive to a customer for returning a
25 rented or provided helmet undamaged.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09843-01-5
A. 5822 2
1 3. No person, corporation, association or partnership who rents
2 helmets or provides helmets to customers as part of their business shall
3 store a helmet which has sustained an impact with undamaged helmets.
4 § 3. This act shall take effect on the ninetieth day after it shall
5 have become a law.
