Bill Text: NJ A630 | 2010-2011 | Regular Session | Introduced
Bill Title: Regulates sale of certain bicycles with quick release wheels.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Consumer Affairs Committee [A630 Detail]
Download: New_Jersey-2010-A630-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman JOAN M. VOSS
District 38 (Bergen)
Co-Sponsored by:
Assemblymen Gusciora, Bramnick and Conners
SYNOPSIS
Regulates sale of certain bicycles with quick release wheels.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act regulating 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 accidents; and
The danger to children caused by bicycles with quick release wheels is unnecessary in light of the fact that alternatives exist.
It is, therefore, altogether fitting and proper that the State regulate the sale of bicycles with quick release wheels for use by children.
2. a. It shall be an unlawful practice for any person to sell a bicycle with a front wheel diameter of 20 inches or less, which is equipped with a quick release wheel, exclusive of specialty adult bicycles.
b. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), "quick release wheel" means any bicycle front wheel which does not require the use of any tools for wheel removal.
c. Nothing contained in this section shall be construed to apply to the sale of a bicycle equipped with a quick release wheel by an individual, provided the sale is an isolated or occasional sale of a bicycle by a person who is not regularly engaged in the business of making retail sales of such bicycles and the bicycle was obtained by the person making the sale, through purchase or otherwise, for the person's own use or the use of someone in the person's family.
3. This act shall take effect on the first day of the seventh month after enactment.
STATEMENT
This bill regulates the sale of certain bicycles equipped with quick release wheels. The bill defines "quick release wheel" as any bicycle front wheel which does not require the use of any tools for wheel removal.
Under the bill, it would be an unlawful practice to sell any bicycle equipped with a quick release wheel if it has a front wheel diameter of 20 inches or less, unless that bicycle is a specialty adult bicycle. The purpose of this sales restriction is to prevent the use of these particular types of bicycles by children.
The bill does not apply to the occasional sale of a bicycle by an individual who obtained that bicycle for his own use or that of his family, and who is not regularly engaged in the business of retail bicycle sales.
An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
