THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, MAY 24, 2011  

AN ACT

Requiring certain persons to wear helmets when sledding or

snowboarding under certain circumstances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Safe Sledding

and Snowboarding Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Facility."  A business entity that charges an admission

price or fee to the general public for the privilege of

operating a sled or snowboard.

"Helmet."  A helmet meeting the standards of the American

National Standards Institute, the American Society for Testing

and Materials, the Snell Memorial Foundation's Standards for

Protective Headgear for Use in Bicycling or any other nationally

recognized standard for helmet approval.

"Public land."  A State forest, State park, county park,

municipal park, State game lands or school.

"Sled."  A runner sled, plastic sled, slider, snow scooter,

saucer, toboggan, bobsled, snow tube or related nonmotorized

device used for coasting or sliding on snow or ice.

"Snowboard."  A board equipped with bindings for a person's

feet that is used for descending snow-covered slopes on foot

without ski poles.

Section 3.  Helmets for certain persons.

(a)  General rule.--No person who is under 13 years of age

may operate a sled or a snowboard or ride as a passenger on a

sled or a snowboard on public land or at a facility unless the

person wears a helmet of good fit that is fastened securely upon

the person's head with the helmet straps.

(b)  Helmet to be labeled.--A helmet sold or offered for

sale, or offered for rent or use by a facility for use by

operators and passengers of sleds or snowboards, shall be

labeled in accordance with the standard described in this

section, which shall constitute the manufacturer's certification

that the helmet conforms to the applicable safety standards.

(c)  Sale, rental or use of helmet.--No person may sell or

offer for sale, or offer for rent or use by an operator or

passenger, a helmet that does not comply with the requirements

of this section.

(d)  Waiver of fine.--

(1)  If an operator or passenger of a sled or snowboard

receives a citation issued by the proper authority for a

violation of subsection (a), a magisterial district judge,

magistrate or judge shall dismiss the charges if the person,

prior to or at the person's hearing, displays evidence of

acquisition of a helmet meeting the standards prescribed in

this section to the magisterial district judge, magistrate or

judge.

(2)  Sufficient evidence shall include a receipt mailed

to the appropriate court officer that evidences purchase or

transfer of such a helmet from another helmet owner and that

consists of a notarized letter.

(e)  Exemption.--This section shall not apply to a child who

is under 13 years of age and can produce a statement from the

family's religious authorities attesting that it is against the

tenets of the family's religion to wear a helmet.

(f)  Facilities to offer helmets.--A facility shall have a

sufficient number of helmets that comply with the requirements

of this section available for rental or use by patrons.

(g)  Civil actions.--

(1)  In no event shall a violation or alleged violation

of subsection (a) be used as evidence in a trial of any civil

action.

(2)  No jury in a civil action may be instructed that any

conduct construed or could be interpreted by them to

constitute a violation of subsection (a).

(3)  The failure to use a helmet shall not be considered

as contributory negligence, nor shall failure to use a helmet

be admissible as evidence in the trial of any civil action.

(h)  Penalty.--Notwithstanding any other provision of law,

any violation of subsection (a) is punishable by a fine,

including all penalties, assessments and court costs imposed on

the convicted person not to exceed $25. The parent or legal

guardian having control or custody of a person under 13 years of

age whose conduct violates this act shall be jointly and

severally liable with the person for the amount of the fine

imposed.

Section 4.  Effective date.

This act shall take effect in 60 days.