Protective Helmets, Goggles, Face Shields and Wind Screens for Motorcycles
NY-ADR
3/4/09 N.Y. St. Reg. MTV-09-09-00014-P
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 9
March 04, 2009
RULE MAKING ACTIVITIES
DEPARTMENT OF MOTOR VEHICLES
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. MTV-09-09-00014-P
Protective Helmets, Goggles, Face Shields and Wind Screens for Motorcycles
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend Part 54 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 381(6)
Subject:
Protective helmets, goggles, face shields and wind screens for motorcycles.
Purpose:
To delete a reference to an obsolete standard for motorcycle operator protective equipment.
Text of proposed rule:
Subdivision (b) of section 54.2 is amended to read as follows:
(b) Goggles or face shield. An eye protection device as defined in [Regulation VESC-8.] American National Standard Institute’s Z87.1 as most recently amended.
Subdivisions (g), (j), (k), (l) and (m) of section 54.2 are REPEALED.
Sections 54.3 through 54.6 are REPEALED and a new section 54.3 is added to read as follows:
54.3 Requirements. It shall be unlawful for any person to operate or ride upon a motorcycle unless he or she wears a protective helmet of the type, which meets the requirements set forth in Federal Motor Vehicle Safety Standards of 49 Code of Federal Regulations standard 571.218 “Motorcycle Helmets”.
Section 54.11 is amended to read as follows:
54.11 Eye protection. [(a)] A motorcyclist may use any eye protection device that has been manufactured in conformity with the American National Standard Institute's Z87.1 standard “Occupational and Educational Personnel Eye and Face Protection Devices” [Regulation VESC-8]. A motorcyclist may not operate a motorcycle unless he or she is wearing such eye protection.
[(b) Regulation VESC-8 refers to the eighth regulation of the Vehicle Equipment Safety Commission. Such regulation may be obtained by writing to Vehicle Equipment Safety Commission, Suite 802, 4660 Kenmore Avenue, Alexandria, Virginia 22304.]
Section 54.21 is amended to read as follows:
54.21 Requirements for approval. No wind screen shall be [approved] used unless[: (a) The] the visual material meets the requirements set forth in Federal Motor Vehicle Safety Standards of 49 Code of Federal Regulation standard 571.205 “Glazing Materials” [provisions appearing in USA Standard Specifications for Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways Z26.1 - 1966 for Motorcycle Use. For rigid plastic material, item 4 of table 1 shall be used; for flexible plastics, item 6 of table 1 shall be used].
[(b) The metal support shall be of a material which shall bend rather than fragment under impact.
(c) Covering material, other than visual material, shall be beaded at the edges to prevent fraying; and if cloth, shall be tested for flammability according to the procedures of Federal Specifications CCC-T-191b, 5902.
(d) It meets the identification requirements of section 54.22.]
Section 54.22 is REPEALED.
Section 54.31 is REPEALED.
Subdivision (a) of section 54.32 is amended to read as follows:
(a) A manufacturer desiring to secure approval of [a] protective [helmet,] goggles[,] or face [shield] shields [, or wind screen,] shall submit to the Commissioner of Motor Vehicles, Albany, New York, postage prepaid, a test report certified as required by this Part [, together with a sample of the device for which approval is sought, identified as required by this Part].
Subdivision (b) of section 54.32 is REPEALED.
Subdivision (c) is relettered subdivision (b) and is amended to read as follows:
[(c) In lieu of approval under subdivision (a) of this section, approval] (b) Approval shall be deemed to be granted upon the receipt by the Commissioner of Motor Vehicles of a certificate of equipment approval issued by the Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA), 1101 - 15th Street, N. W, Suite 607 Washington, DC 20005-5020 to the Commissioner of Motor Vehicles, Bureau of Technical Assessment, Empire State Plaza, Albany, N.Y. 12228
A new subdivision (c) is added to section 54.32 to read as follows:
(c) The provisions of the American National Standard Institute Z87.1 which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the booklet entitled: American National Standard, Occupational and Educational Personal Eye and Face Protection Devices, ANSI Z87.1-2003, revised as of August 2003, published by the American Society of Safety Engineers. The provisions of the Code of Federal Regulations, title 49, Parts 571.205 and 571.218, revised as of October 1, 2003, published by the U.S. Government Printing Office via GPO Access, have also been incorporated by reference and have been filed with the Secretary of State of New York. The standard and regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Ave, Albany, NY 12231, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Motor Vehicles, Office of Counsel, 6 Empire State Plaza, Albany, NY 12228. The standard may be purchased from the American Society of Safety Engineers, 1800 East Oakton Street, Des Plaines, IL 60018-2187. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi A. Bazicki, Counsel's Office, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871, email: [email protected]
Data, views or arguments may be submitted to:
Sean J. Martin, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The proposed regulation amends 15 NYCRR Part 54 to reference “American National Standard Institute (ANSI) standard Z87.1” as the standard to be used by the Commissioner in approving goggles or face shields required for motorcycle operators. The current regulation references VESC (Vehicle Equipment Safety Commission) Standard 8 as the required standard, but since that agency was disbanded several years ago, the standard is obsolete.
The proposed amendment also reflects the fact that the current reference to New York’s adoption of Federal Specifications CCC-T-191b for glazing materials on motorcycle windscreens has been superceded by the Federal standard for motorcycle windscreens codified at 49 CFR 571.205. The regulation also incorporates by reference the federal standard for motorcycle helmets.
This is a consensus rule because Vehicle and Traffic Law, Section 381(6), requires the Commissioner to adopt the federal standard for motorcycle helmets. In addition, this regulation reflects the most current federal and industry standards for goggles and motorcycle windscreens.
Job Impact Statement
A Job Impact Statement is not submitted with this rulemaking because it will not have any impact on job creation or development in New York State.
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