S T A T E   O F   N E W   Y O R K
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                                 7211--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2015
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Cities -- 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.   NOTWITHSTANDING   THE   PROVISIONS   OF  SECTION  TWELVE  HUNDRED
TWENTY-NINE-C OF THE VEHICLE AND TRAFFIC LAW, WHILE TAXICABS OR FOR-HIRE
VEHICLES SUBJECT TO THIS SECTION ARE BEING OPERATED:
  (1) ALL PASSENGERS ONE YEAR AND OLDER SHALL BE RESTRAINED  BY  EITHER:
(I) A COMBINATION LAP SAFETY AND SHOULDER HARNESS BELT; (II) A LAP SAFE-
TY BELT; OR (III) IN AN APPROPRIATE CHILD RESTRAINT SYSTEM AS DEFINED IN
SUBDIVISION  F OF THIS SECTION WITH COMBINATION LAP AND SHOULDER HARNESS
BELTS.
  (2) 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 SIXTEEN 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 SIXTEEN
YEARS OF AGE OR OLDER. FOR THE PURPOSES OF THIS SUBDIVISION, THERE SHALL
BE A REBUTTABLE PRESUMPTION THAT, WHEN A  PASSENGER  UNDER  THE  AGE  OF
SIXTEEN  IS  TRAVELING  IN  A  TAXICAB  OR A FOR-HIRE VEHICLE, ANY OTHER
PASSENGER IN SUCH TAXICAB OR FOR-HIRE VEHICLE WHO REASONABLY APPEARS  TO
BE  THE PARENT OR GUARDIAN OF SUCH PASSENGER UNDER THE AGE OF SIXTEEN IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01382-07-5
              

A. 7211--A                          2

THE PARENT OR GUARDIAN OF SUCH PASSENGER UNDER THE AGE OF SIXTEEN.    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.
  (3)  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 THE REQUIREMENTS OF THIS SECTION IN  ACCORDANCE  WITH  RULES  AND
REGULATIONS PROMULGATED BY THE COMMISSION.
  (2)  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 on the one hundred twentieth day after
it shall have become a law.