Saturday, June 30, 2007
Wednesday, June 13, 2007
ASSEMBLY, No. 2686
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 27, 2006
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman DAVID R. MAYER
District 4 (Camden and Gloucester)
Assemblywoman JOAN M. VOSS
District 38 (Bergen)
Assemblymen Gusciora and Bramnick
Prohibits sale of certain bicycles with quick release wheels.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on October 19, 2006, with amendments.
An Act the prohibiting the sale of certain bicycles with quick release wheels and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature hereby finds and declares that:
Children riding bicycles with quick release wheels have been involved in over 100 accidents;
Many of the children involved in these accidents have suffered injuries, including permanent scarring, disfigurement, major bone and dental trauma, severe scraping and bruising, brain injury, and ruptured internal organs;
2[Multiple bicycle manufacturers have recalled their quick release mechanisms due to failure of the mechanism; and]2
The danger to children caused by bicycles with quick release wheels is unacceptable in light of the fact that safer alternatives exist 2; and
Furthermore, advances in quick release technology make it right and proper that the new mechanisms—which are less prone to assembler and user error—be used in place of the old2.
It is, therefore, altogether fitting and proper that the State regulate the sale of bicycles with quick release wheels to stem the rash of senseless injuries to children resulting from their use.
2. a. It shall be an unlawful practice for any person to sell a bicycle 1[intended for use by children] with a 2front2 wheel diameter of 20 inches or less,1 which is equipped with a quick release wheel 2, exclusive of specialty adult bicycles2 .
b. For the purposes of 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1 2[,] :
(1)2 "quick release wheel" means 2[a] any bicycle front2 wheel which does not require the use of any tools 2[to be removed from the bicycle.
A wheel which:
(1) is equipped with, or has been retrofitted with, a mechanism designed to hold the wheel in place in an emergency, including but not limited to a retainer clip; or
(2) requires significant level of dexterity to remove, so as to reasonably prevent removal by a child,
shall not be construed to be a “quick release wheel” for the purposes of 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1] for wheel removal;
(2) “primary retention device” means a device that keeps the bicycle wheel connected to the bicycle for riding; and
(3) “secondary retention device” means a device that retains the bicycle wheel in the bicycle fork when the primary retention device is disengaged.
c. (1) It shall be an unlawful practice for any person to sell a bicycle which is equipped with a quick release wheel if:
(a) the front wheel diameter is greater than 20 inches; or
(b) it is a specialty adult bicycle with a front wheel diameter of 20 inches or less.
(2) The sale of a bicycle which meets the following conditions shall not be considered an unlawful practice under paragraph (1) of this subsection:
(a) The quick release wheel is equipped with both a primary and a secondary retention device; and
(b) The secondary retention device conforms to the following performance specifications:
(i) The secondary retention device activates automatically when the wheel is placed in the fork dropouts;
(ii) The secondary retention device does not disengage for wheel removal unless it is actively held in the disengaged position by the user during wheel removal;
(iii) The secondary retention device, regardless of the method of manual operation by the user, always prevents wheel separation while the bicycle is ridden; and
(iv) During all states of fastening and unfastening of the primary retention device, the secondary retention device, in a hands-off condition, does not allow the wheel to separate from the fork2.
3. This act shall take effect on the first day of the third month after enactment.