The Township Council is considering an ordinance that would require all children age 14 and under to wear helmets while riding collapsible self-propelled scooters.
"Children don’t want to wear helmets and parents feel there’s nothing they can do," said Councilmember Carol Barrett. "But with this we can tell them ‘it’s the law.’"
The council was unsure whether the ordinance would be preempted by an existing state law that requires helmets for children while riding bikes and skateboards.
Assistant Township Attorney Don Sears said the existing law probably includes the use of helmets when operating a scooter.
Assemblyman Gary Guear, whose district includes South Brunswick, has drafted legislation to require all children under age 14 to wear helmets while riding the trendy collapsible scooters.
On Sept. 21, a 6-year-old Elizabeth boy was killed while riding a scooter his parents had purchased for his birthday. Police said the boy was riding his scooter in his driveway and was attempting to cross the street with a friend when he was struck by a car.
The boy, who was not wearing a helmet at the time of the accident, suffered severe head trauma and died the next day at University Hospital in Newark.
Mr. Guear said Andy’s death underscores the need for New Jersey to expand its existing helmet law for bicycles, in-line skates and skateboards to include scooters.
Mr. Guear began looking into helmet legislation after a report was issued by the Consumer Product Safety Commission.
"In the ’90s, the Legislature realized the importance of passing laws that required children to wear helmets while riding bikes, skateboards, and in-line skates," said Mr. Guear. "Adding scooters to this list ensures that our children continue to be protected as new trends and fads appear."
The state Legislature passed a law in 1991 requiring children who ride bicycles to wear helmets and amended the law to include skateboards and in-line skates in 1997 – a reflection of the growing popularity of those sports.
Under Mr. Guear’s proposal, children under the age of 14 would be required to wear helmets. The parents of children who do not wear helmets while riding a scooter would be fined $25 for the first offense. A second offense would result in a $100 fine.
