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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HENNESSEY, DePASQUALE, BISHOP, D. COSTA, CURRY, DALEY, FABRIZIO, GEIST, GILLESPIE, GINGRICH, GOODMAN, HARKINS, KIRKLAND, KORTZ, KULA, MOUL, MURT, MYERS, ROCK, SCAVELLO, K. SMITH, SWANGER AND VULAKOVICH, MAY 24, 2011 |
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| REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, MAY 24, 2011 |
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| AN ACT |
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1 | Requiring certain persons to wear helmets when sledding or |
2 | snowboarding under certain circumstances. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Safe Sledding |
7 | and Snowboarding Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Facility." A business entity that charges an admission |
13 | price or fee to the general public for the privilege of |
14 | operating a sled or snowboard. |
15 | "Helmet." A helmet meeting the standards of the American |
16 | National Standards Institute, the American Society for Testing |
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1 | and Materials, the Snell Memorial Foundation's Standards for |
2 | Protective Headgear for Use in Bicycling or any other nationally |
3 | recognized standard for helmet approval. |
4 | "Public land." A State forest, State park, county park, |
5 | municipal park, State game lands or school. |
6 | "Sled." A runner sled, plastic sled, slider, snow scooter, |
7 | saucer, toboggan, bobsled, snow tube or related nonmotorized |
8 | device used for coasting or sliding on snow or ice. |
9 | "Snowboard." A board equipped with bindings for a person's |
10 | feet that is used for descending snow-covered slopes on foot |
11 | without ski poles. |
12 | Section 3. Helmets for certain persons. |
13 | (a) General rule.--No person who is under 13 years of age |
14 | may operate a sled or a snowboard or ride as a passenger on a |
15 | sled or a snowboard on public land or at a facility unless the |
16 | person wears a helmet of good fit that is fastened securely upon |
17 | the person's head with the helmet straps. |
18 | (b) Helmet to be labeled.--A helmet sold or offered for |
19 | sale, or offered for rent or use by a facility for use by |
20 | operators and passengers of sleds or snowboards, shall be |
21 | labeled in accordance with the standard described in this |
22 | section, which shall constitute the manufacturer's certification |
23 | that the helmet conforms to the applicable safety standards. |
24 | (c) Sale, rental or use of helmet.--No person may sell or |
25 | offer for sale, or offer for rent or use by an operator or |
26 | passenger, a helmet that does not comply with the requirements |
27 | of this section. |
28 | (d) Waiver of fine.-- |
29 | (1) If an operator or passenger of a sled or snowboard |
30 | receives a citation issued by the proper authority for a |
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1 | violation of subsection (a), a magisterial district judge, |
2 | magistrate or judge shall dismiss the charges if the person, |
3 | prior to or at the person's hearing, displays evidence of |
4 | acquisition of a helmet meeting the standards prescribed in |
5 | this section to the magisterial district judge, magistrate or |
6 | judge. |
7 | (2) Sufficient evidence shall include a receipt mailed |
8 | to the appropriate court officer that evidences purchase or |
9 | transfer of such a helmet from another helmet owner and that |
10 | consists of a notarized letter. |
11 | (e) Exemption.--This section shall not apply to a child who |
12 | is under 13 years of age and can produce a statement from the |
13 | family's religious authorities attesting that it is against the |
14 | tenets of the family's religion to wear a helmet. |
15 | (f) Facilities to offer helmets.--A facility shall have a |
16 | sufficient number of helmets that comply with the requirements |
17 | of this section available for rental or use by patrons. |
18 | (g) Civil actions.-- |
19 | (1) In no event shall a violation or alleged violation |
20 | of subsection (a) be used as evidence in a trial of any civil |
21 | action. |
22 | (2) No jury in a civil action may be instructed that any |
23 | conduct construed or could be interpreted by them to |
24 | constitute a violation of subsection (a). |
25 | (3) The failure to use a helmet shall not be considered |
26 | as contributory negligence, nor shall failure to use a helmet |
27 | be admissible as evidence in the trial of any civil action. |
28 | (h) Penalty.--Notwithstanding any other provision of law, |
29 | any violation of subsection (a) is punishable by a fine, |
30 | including all penalties, assessments and court costs imposed on |
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1 | the convicted person not to exceed $25. The parent or legal |
2 | guardian having control or custody of a person under 13 years of |
3 | age whose conduct violates this act shall be jointly and |
4 | severally liable with the person for the amount of the fine |
5 | imposed. |
6 | Section 4. Effective date. |
7 | This act shall take effect in 60 days. |
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