senate Bill S3512

Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases

download pdf

Sponsor

O'BRIEN

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Feb / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases; makes limited exceptions.

do you support this bill?

Bill Details

Versions:
S3512
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1229-c, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4773
2009-2010: S2238A
2007-2008: S281A

Sponsor Memo

BILL NUMBER:S3512

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to prohibiting children under the age of eight from riding as a passen-
ger in the front seat of a motor vehicle except under limited circum-
stances

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
prohibit a person from operating a motor vehicle with children under the
age of 8 in the front seat in most cases.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1229-c of the Vehicle and Traffic Law is amended to prohibit any
person from operating a motor vehicle with a passenger under the age of
eight in the front seat.

A child under the age of eight may ride in the front seat if:

1. there are no rear seats;

2. a child safety seat or booster seat cannot be properly installed in
the rear seat;

3. all rear seats are already occupied by other occupants; or if

4. medical reasons necessitate the child should not ride it the rear
seat.

JUSTIFICATION: Preventable injuries are the number one killer of chil-
dren (ages 14 and under) across the country. According to the Air Bag
Safety Campaign, in the United State an average of 8 children are killed
and 932 injured every day in motor vehicle related crashes,

Experts agree children are safest when buckled up and in the back seat.
The National Highway Traffic Safety Administration estimates that chil-
dren are up to 20% safer when riding in the rear seat regardless of
whether the vehicle is equipped with a passenger side air ban. Placing
children in the back seat provides greater protection for head on colli-
sions, the most serious type of crash, by getting children farther away
from the point of impact.

New York State now requires all children up to age 16 to be buckled in
both front and rear seats. In addition, children under age 8 must be
properly restrained in a car seat or booster seat. We can further
improve our child passenger safety standards by requiring young children
to sit in the rear seat. This bill allows flexibility for large families
and/or parents who may be transporting other children.

PRIOR LEGISLATIVE HISTORY: S4773 of 2011-2012 Referred to
Transportation/A6477 Passed Assembly S2238-A of 2009/2010 Reported to

Codes/A4181 Passed Assembly S.291-A of 2007/2009 Referred to
Transportation/A7470 Passed Assembly S.3980-A of 2005/2006 Referred to
Transportation/A6917 Passed Assembly S.6910 of 2003/2004 Reported to
Rules/A4648 Passed Assembly S.2196 of 2001/2002 Referred to
Transportation/A4106 Passed Assembly

FISCAL IMPLICATIONS: There are no fiscal implications.

EFFECTIVE DATE: This act shall take effect on the first of January next
succeeding the date on which it shall have become law; provided that any
person who violates the provisions of subdivision 2-a of section 1229-c
of the Vehicle and Traffic Law, as added by section two of this act
within the twelve months following such effective date, shall be subject
to a warning but shall not be issued an appearance ticket and shall not
be liable for a fine.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3512

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
  children  under  the  age  of  eight from riding as a passenger in the
  front seat of a motor vehicle except under limited circumstances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2, 5, 6 and 7 of section 1229-c of the vehicle
and  traffic  law, subdivision 2 as amended by chapter 18 of the laws of
2005, paragraph (c) of subdivision 2 and subdivision  6  as  amended  by
chapter 405 of the laws of 2009, subdivision 5 as amended by chapter 241
of  the  laws of 2007, subdivision 7 as added by chapter 365 of the laws
of 1984, are amended to read as follows:
  2. No person shall operate a  motor  vehicle  unless  all  front  seat
passengers (a) under the age of sixteen are restrained by a safety belt;
or  (b)  if they are under the age of four, by a specially designed seat
which is either permanently affixed or affixed  to  such  vehicle  by  a
safety  belt  as  required by subdivision one of this section, or in the
event that the weight of such passenger under the age  of  four  exceeds
forty  pounds,  such  passenger  may be restrained (i) in an appropriate
child restraint system as defined in subdivision four  of  this  section
used with combination lap safety and shoulder harness belts or (ii) by a
lap  safety belt in the event such vehicle is not equipped with combina-
tion lap safety and shoulder harness belts or all  the  combination  lap
safety  and  shoulder  harness belts are being used to properly restrain
other passengers who are under the age of sixteen; or (c)  if  they  are
age  four  or older but under age eight, (i) are restrained in an appro-
priate child restraint system as defined in  subdivision  four  of  this
section  used  with combination lap safety and shoulder harness belts or
(ii) are restrained in a lap safety belt in the event  such  vehicle  is
not  equipped  with combination lap safety and shoulder harness belts or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04833-01-3

S. 3512                             2

all the combination lap safety and shoulder harness belts are being used
to properly restrain other passengers who are under the age of  sixteen.
NOTHING  CONTAINED  IN THIS SUBDIVISION SHALL BE DEEMED TO SUPERSEDE THE
REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION.
  5. Any person who violates the provisions of subdivision three of this
section  shall  be  punished by a civil fine of up to fifty dollars. Any
person who violates the provisions of subdivision one, two, TWO-A, elev-
en or thirteen of this section shall be punished by a civil fine of  not
less  than  twenty-five nor more than one hundred dollars. In any prose-
cution or proceeding alleging a violation of paragraph (b)  of  subdivi-
sion  one  or paragraph (c) of subdivision two of this section, it shall
be an affirmative defense that the passenger subject to the requirements
of such paragraphs was restrained by a safety  belt  and  measures  more
than four feet nine inches in height and/or weighs more than one hundred
pounds.
  6.  The court shall waive any fine for which a person who violates the
provisions of this section would be liable with  respect  to  passengers
under  the  age  of  eight  if such person supplies the court with proof
that, between the date on which he is charged with having violated  this
section  and  the  appearance  date  for such violation, he purchased or
rented a child restraint system which meets the requirements of subdivi-
sion one of this section. Provided, however, that such  waiver  of  fine
shall not apply to a second or subsequent conviction under this section,
NOR A VIOLATION OF SUBDIVISION TWO-A OF THIS SECTION.
  7.  The  provisions  of this section shall not apply to a passenger or
operator with a physically disabling condition whose physical disability
would prevent appropriate restraint in such safety seat or safety  belt,
OR TO A PASSENGER UNDER THE AGE OF EIGHT WHOSE PHYSICAL CONDITION NECES-
SITATES  THAT  SUCH PASSENGER BE SEATED IN THE FRONT SEAT FOR MEDICAL OR
SAFETY REASONS, provided, however, THAT such condition is duly certified
by a physician who shall state the nature of the  [handicap]  DISABILITY
OR  CONDITION,  as  well  as  the  reason such restraint is OR REAR SEAT
PLACEMENT IS inappropriate.
  S 2. Section 1229-c of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 2-a to read as follows:
  2-A. NO PERSON SHALL OPERATE A MOTOR VEHICLE WITH ANY PASSENGERS UNDER
THE  AGE  OF  EIGHT SEATED IN THE FRONT SEAT OF SUCH VEHICLE.  PROVIDED,
HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY IF: (A) SUCH MOTOR  VEHI-
CLE  IS NOT EQUIPPED WITH REAR SEATS; OR (B) THE REAR SEAT CANNOT ACCOM-
MODATE THE PROPER INSTALLATION OF THE CHILD SAFETY SEAT OR BOOSTER  SEAT
IN  WHICH  SUCH  PASSENGER  IS  BEING  TRANSPORTED, AS DETERMINED BY THE
COMMISSIONER, OR VEHICLE MANUFACTURER, OR CHILD SAFETY SEAT  OR  BOOSTER
SEAT MANUFACTURER; OR (C) ALL OTHER SEAT POSITIONS ARE OCCUPIED BY OTHER
OCCUPANTS;  OR  (D) SUCH PASSENGER UNDER AGE EIGHT IS EXEMPT PURSUANT TO
THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that any
person who violates the provisions of subdivision 2-a of section  1229-c
of  the  vehicle  and  traffic  law, as added by section two of this act
within the twelve months following such effective date, shall be subject
to a warning but shall not be issued an appearance ticket and shall  not
be liable for a fine.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.