senate Bill S5907A

Requires the use of seatbelts by passengers in taxicabs and for-hire vehicles in the city of New York

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Bill Status


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

  • 26 / Jun / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 27 / Jan / 2014
    • AMEND AND RECOMMIT TO CITIES
  • 27 / Jan / 2014
    • PRINT NUMBER 5907A

Summary

Requires the use of seatbelts by passengers in taxicabs and for-hire vehicles in the city of New York; also requires operators to display a notice informing passengers of such requirement.

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Bill Details

Versions:
S5907
S5907A
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd §19-529, NYC Ad Cd

Sponsor Memo

BILL NUMBER:S5907A

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to requiring the use of seatbelts by passengers in
taxicabs and for-hire vehicles in the city of New York and requiring
operators to display a notice informing passengers of such requirement

SUMMARY OF PROVISIONS:

Section One of the bill &mends Section 19-529 of the administrative code
of the city of New York by adding two new subdivisions (e),(f), and (g)
to state that every taxicab and for-hire vehicle shall display a notice
within the taxicab or for-hire vehicle which states in conspicuous
lettering of at least seventy-two point boldface type:

NEW YORK STATE LAW REQUIRES ALL PASSENGERS TO BE RESTRAINED BY SEAT
AND/OR SHOULDER BELTS. PASSENGERS UNDER THE AGE OF EIGHT MUST BE
RESTRAINED IN A FEDERALLY-APPROVED CHILD RESTRAINT SYSTEM. FAILURE TO
COMPLY WILL RESULT IN A FINE OF UP TO $50 PER VIOLATION.

Such sign shall be placed in an upright position and in a conspicuous
place where it can easily be read by the passengers in the taxicab or
for-hire vehicle.

Any taxicab or for-hire vehicle which violates the provisions of this
subdivision shall be subject to a civil penalty, not to exceed one
hundred dollars for each day of violation.

All passengers in a taxicab or for-hire vehicle shall be restrained by a
safety belt approved by the commissioner. Any person who violates the
provisions of this subdivision shall be punished by a civil fine of up
to fifty dollars.

The provisions of this subdivision shall not apply to a passenger with a
physically disabling condition whose physical disability would prevent
appropriate restraint in such safety seat or safety belt provided,
however, such condition as duly certified by a physician who shall state
the nature of the handicap, as well as the reason such restraint is
inappropriate.

EXISTING LAW:

New law

JUSTIFICATION:

Seat belts save lives and help prevent serious injuries in a traffic
crash. This is why New York State requires seat belt use in motor vehi-
cles.

A law enforcement officer can issue a traffic ticket for the failure to
wear a seat be New York State's occupant restraint law requires the

passengers in the front seat, the driver and each passenger must wear a
seat belt, one person per belt. The driver and front-seat passengers
aged 16 or older can be fined up to $50 each for failure to buckle up.
Further, every occupant, regardless of age or seating position, of a
motor vehicle being operated by the holder of a Class-DJ Learner Permit,
a Limited Class-DJ, or Class-DJ Driver License must be restrained by a
safety restraint.

Inexplicably, New York State exempts seat belt use for passengers in
taxis or for-hire vehicles. The damage and trauma of a passenger not
wearing a seatbelt in a taxi or for-hire vehicle during an accident is
exactly the same as those passengers hurt while riding in any other type
of motor vehicle.

This legislation requires taxis and for-hire vehicles to comply with New
York's seatbelt mandate.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal

LOCAL FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 5907--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 26, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to requiring the use of seatbelts by passengers  in  taxicabs
  and  for-hire vehicles in the city of New York and requiring operators
  to display a notice informing passengers of such requirement

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

  Section  1.  Section  19-529 of the administrative code of the city of
New York is amended by adding three new subdivisions e, f and g to  read
as follows:
  E.  WHILE  TAXICABS  OR  FOR-HIRE VEHICLES SUBJECT TO THIS SECTION ARE
BEING OPERATED: (1) ALL PASSENGERS  UNDER  THE  AGE  OF  FOUR  SHALL  BE
RESTRAINED  IN A SPECIALLY DESIGNATED SEAT WHICH MEETS THE FEDERAL MOTOR
VEHICLE SAFETY STANDARDS SET FORTH IN 49 C.F.R.  571.213  AND  WHICH  IS
AFFIXED  TO  SUCH  VEHICLE  BY  A  SAFETY BELT, 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 F OF THIS SECTION USED WITH COMBINATION
LAP SAFETY AND SHOULDER HARNESS BELTS; OR (II) BY A LAP SAFETY  BELT  IN
THE EVENT THAT ALL THE COMBINATION LAP SAFETY AND SHOULDER HARNESS BELTS
ARE BEING USED TO PROPERLY RESTRAIN OTHER PASSENGERS;
  (2)  ALL  PASSENGERS  WHO  ARE  AGE FOUR AND OLDER BUT UNDER AGE EIGHT
SHALL BE RESTRAINED EITHER: (I) IN AN APPROPRIATE CHILD RESTRAINT SYSTEM
AS DEFINED IN SUBDIVISION F OF THIS SECTION  WITH  COMBINATION  LAP  AND
SHOULDER  HARNESS  BELTS;  OR (II) BY A LAP SAFETY BELT IN THE EVENT ALL
THE COMBINATION LAP SAFETY AND SHOULDER HARNESS BELTS ARE BEING USED  TO
PROPERLY RESTRAIN OTHER PASSENGERS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11368-03-4

S. 5907--A                          2

  (3)  ALL PASSENGERS WHO ARE AGE EIGHT AND OLDER SHALL BE RESTRAINED BY
EITHER: (I) A COMBINATION LAP SAFETY AND SHOULDER HARNESS BELT; OR  (II)
A LAP SAFETY BELT;
  (4)  ANY  PASSENGER  WHO  VIOLATES  THE PROVISIONS OF THIS SUBDIVISION
SHALL BE PUNISHED BY A CIVIL FINE OF UP TO FIFTY DOLLARS. A POLICE OFFI-
CER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF THIS SUBDIVISION BY  A
PERSON  LESS  THAN  EIGHTEEN YEARS OLD TO THE PARENT OR GUARDIAN OF SUCH
PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE  PRESENCE  OF  SUCH
PERSON'S  PARENT  OR GUARDIAN AND WHERE SUCH PARENT OR GUARDIAN IS EIGH-
TEEN YEARS OF AGE OR OLDER. NO PERSON OPERATING SUCH TAXICAB OR FOR-HIRE
VEHICLE SHALL BE SUBJECT TO A CIVIL FINE FOR THE FAILURE OF A  PASSENGER
TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  (5)  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PASSENGER
WITH A PHYSICALLY DISABLING CONDITION WHOSE  PHYSICAL  DISABILITY  WOULD
PREVENT  APPROPRIATE  RESTRAINT  IN  SUCH  SAFETY  SEAT  OR  SAFETY BELT
PROVIDED, HOWEVER, SUCH CONDITION IS DULY CERTIFIED BY A  PHYSICIAN  WHO
SHALL  STATE  THE  NATURE  OF  THE  HANDICAP, AS WELL AS THE REASON SUCH
RESTRAINT IS INAPPROPRIATE.
  F. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM  "APPROPRIATE  CHILD
RESTRAINT SYSTEM" SHALL MEAN ANY DEVICE, USED IN CONJUNCTION WITH SAFETY
BELTS,  DESIGNED  FOR USE IN A MOTOR VEHICLE TO RESTRAIN, SEAT, OR POSI-
TION CHILDREN AND WHICH MEETS THE APPLICABLE FEDERAL MOTOR VEHICLE SAFE-
TY STANDARDS SET FORTH IN 49 C.F.R. 571.213, AND FOR WHICH THE  OCCUPANT
MEETS  THE  OCCUPANT SIZE AND WEIGHT RECOMMENDATIONS OF THE MANUFACTURER
OF SUCH SYSTEM.
  G. (1) EVERY TAXICAB AND FOR-HIRE  VEHICLE  SUBJECT  TO  THIS  SECTION
SHALL  DISPLAY  A  NOTICE  WITHIN  THE TAXICAB OR FOR-HIRE VEHICLE WHICH
STATES IN CONSPICUOUS LETTERING OF AT LEAST SEVENTY-TWO  POINT  BOLDFACE
TYPE:
    NEW  YORK  CITY LAW REQUIRES ALL PASSENGERS TO BE RESTRAINED BY SEAT
    AND/OR SHOULDER BELTS. PASSENGERS UNDER THE AGE  OF  EIGHT  MUST  BE
    RESTRAINED  IN  A FEDERALLY-APPROVED CHILD RESTRAINT SYSTEM. FAILURE
    TO COMPLY WILL RESULT IN A FINE OF UP TO $50 PER VIOLATION.
  (2) SUCH SIGN SHALL BE PLACED IN AN UPRIGHT POSITION AND IN A CONSPIC-
UOUS PLACE WHERE IT CAN BE READ EASILY BY THE PASSENGERS IN THE  TAXICAB
OR FOR-HIRE VEHICLE.
  (3)  ANY  TAXICAB OR FOR-HIRE VEHICLE WHICH VIOLATES THE PROVISIONS OF
THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY, NOT TO EXCEED  ONE
HUNDRED DOLLARS FOR EACH DAY OF VIOLATION.
  S 2. This act shall take effect immediately.

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