New York
Equestrian Helmet Statute
New York is the first state in the United States to enact a statute requiring
the wearing of an approved equestrian helmet while riding a horse.
The bill was signed into law on September 7, 1999 and became effective January
5, 2000.
Vehicle and Traffic Law
§ 1265. WEARING OF HELMETS.
1. NO PERSON LESS THAN FOURTEEN YEARS OF AGE SHALL RIDE A HORSE UNLESS SUCH
PERSON IS WEARING A HELMET MEETING OR EXCEEDING ASTM F1163 (SAFETY EQUIPMENT
INSTITUTE CERTIFIED) EQUESTRIAN STANDARD. FOR PURPOSES OF THIS SECTION,
"CERTIFIED" SHALL MEAN THAT THE HELMET`S MANUFACTURER AGREES TO THE RULES AND
PROVISIONS OF A SYSTEM THAT INCLUDES INDEPENDENT TESTING AND QUALITY CONTROL
AUDITS, AND THAT EACH HELMET MANUFACTURED BY SUCH MANUFACTURER IS PERMANENTLY
MARKED WITH THE CERTIFYING BODY`S REGISTERED MARK OR LOGO BEFORE SUCH HELMET IS
SOLD OR OFFERED FOR SALE. FOR THE PURPOSES OF THIS SECTION, WEARING A HELMET
MEANS HAVING A HELMET FASTENED SECURELY UPON THE HEAD USING THE MANUFACTURER`S
FITTING GUIDELINES FOR THE PARTICULAR MODEL USED.
2. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL PAY A CIVIL FINE
NOT TO EXCEED FIFTY DOLLARS. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A
VIOLATION OF THIS SECTION BY A PERSON LESS THAN FOURTEEN YEARS OF AGE TO THE
PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE
PRESENCE OF SUCH PERSON`S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR GUARDIAN
IS EIGHTEEN YEARS OF AGE OR MORE. SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH
PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON LESS THAN FOURTEEN
YEARS OF AGE.
3. (A) THE COURT SHALL WAIVE ANY CIVIL FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF THIS SECTION WOULD BE LIABLE IF SUCH PERSON SUPPLIES THE COURT
WITH PROOF THAT BETWEEN THE DATE OF VIOLATION AND THE APPEARANCE DATE FOR SUCH
VIOLATION SUCH PERSON PURCHASED OR RENTED A HELMET.
(B) THE COURT MAY WAIVE ANY CIVIL FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF THE SECTION WOULD BE LIABLE IF THE COURT FINDS THAT DUE TO REASONS
OF ECONOMIC HARDSHIP SUCH PERSON WAS UNABLE TO PURCHASE A HELMET.
4. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF RISK, AND SHALL NOT IN
ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR PERSONAL INJURY OR WRONGFUL
DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN ANY WAY DIMINISH OR REDUCE THE
DAMAGES RECOVERABLE IN ANY SUCH ACTION.
General Business Law
§ 396-DD. RENTING OF HORSES; HELMETS AND SAFETY INFORMATION.
1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "HORSE" INCLUDES A HORSE, PONY, MULE OR HINNY.
B. "HORSE PROVIDER" INCLUDES ANY PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY
HIRING OR RENTING OUT HORSES FOR RIDING OR PROVIDING TRAINING IN THE RIDING OF
HORSES FOR CONSIDERATION.
2. EVERY HORSE PROVIDER SHALL PROVIDE PROTECTIVE HELMETS TO BEGINNING RIDERS AND
TO RIDERS LESS THAN FOURTEEN YEARS OF AGE AT NO COST BEYOND THE RENTAL FEE;
OFFER ALL RIDERS THE USE OF SUCH PROTECTIVE HELMETS REGARDLESS OF THEIR AGE OR
EXPERIENCE; AND PROVIDE APPROPRIATE HELMET SAFETY INFORMATION TO ALL RIDERS.
3. SUCH HELMETS SHALL COMPLY WITH THE REQUIREMENTS OF SECTION TWELVE HUNDRED
SIXTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
4. A KNOWING VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT
TO EXCEED FIFTY DOLLARS FOR EACH SUCH VIOLATION.
Introducer’s Memorandum in Support of New York Equestrian Helmet Bill
When Assembly Bill 355 was introduced into the New York legislature in January
1999, its sponsor, Assemblyman Robin L. Schimminger filed the following
memorandum in support:
PURPOSE OR GENERAL IDEA OF BILL: Although horseback riding is considered a
recreational activity, more and more accidents are occurring and causing more
severe injuries. With enactment of this bill, it is hoped that the number of
head injuries as a result of horseback riding accidents will decrease.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently there are no laws
requiring the use of helmets while horseback riding.
SUMMARY OF SPECIFIC PROVISIONS: The Vehicle and Traffic law is amended to add a
new section which makes it mandatory for riders under the age of sixteen to wear
helmets when riding a horse. The General Business law is amended to provide that
every horse provider shall provide helmets to beginning riders and riders under
sixteen years of age. If a rider over the age of sixteen chooses not to wear a
helmet, a waiver indicating their choice shall be signed by the rider.
JUSTIFICATION: Horseback riding is a popular activity that over 30 million
people in the U.S. enjoy. Presently there are no safety standards or guidelines
in New York State to facilitate the reduction of injuries resulting from
horseback riding. It is noted that the incidence of serious injuries is higher
for horseback riders than for even motorcyclists and automobile racers. The
American Medical Association has reported that the greatest decrease in head
injuries occurred when people voluntarily wore helmets. Other sports, such as
bike riding, that are considered even less dangerous than horseback riding,
already enforce helmet laws.
In 1989, when 23-year-old Robyn Czerwinski from Buffalo died as a result of a
horseback riding accident, she was not wearing a helmet. It is not known if
wearing a helmet would have saved her life, but The New England Journal of
Medicine has reported that wearing helmets reduces head and brain injuries by
85%. In a more high profile case, actor Christopher Reeve was wearing a helmet
when he was jolted off his horse. It has been said that had he not been wearing
a helmet, he would have died. Wearing a helmet is a painless and inexpensive way
to save lives.
New York's Vehicle and Traffic Law (Section 1265) and the General Business Law (Section 396-dd) went into effect the first week of January, 2000.
Section 1265 requires that no person less than fourteen years of age shall ride a horse unless such person is wearing a helmet meeting or exceeding ASTM F1163 (Safety Equipment Institute Certified) Equestrian Standard. Summonses can be issued to a child's parent or guardian for violation of the law. ( A copy of the full law is available at the website www.nyshc.org.)
Section 396-dd involves rental and lesson horses, and requires that providers of these services must provide helmets to riders less than fourteen years old and OFFER them to all riders, regardless of their age or experience. They must also provide "appropriate helmet safety information" to all riders.
The enclosed pages contains some basic information which may be helpful to providers of rental and lesson horses. The New York State Horse Council does not make any guarantees that this information satisfies the requirements of the helmet law (General Businees law section 396-dd) or any other law, or that the use of this information will prevent a lawsuit or protect a horse provider from liability should a lawsuit be commenced. All horse providers are encouraged to consult with their own attorneys for legal advice concerning the requirements of the new law.
More detailed information and copies of actual medical studies about helmets can be found at http://www.utexas.law.edu/dawson/ in the newsletter of the American Medical Equestrian Association.
Specific questions about helmet fitting is supplied by the manufacturers of ASTM/SEI helmets with each helmet sold at retail, or directly from the manufacturers. A list of these is attached to this release.
Questions about the ASTM standard and the SEI compliance system, or this release, may be directed to New York State Horse Council Safety Chairman Dru Malavase at drumalavase@hotmail.com or at 2270 County Road 39 RD 2 Bloomfield, NY 14469. I can be reached at home at 716 657-7053 after 7:30 p.m. and on weekends