S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3441--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. GALEF, CUSICK, GANTT, JAFFEE, MOSLEY, WEPRIN,
   FINCH, D'URSO, STECK -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ,
   ENGLEBRIGHT, GLICK, GOTTFRIED, HOOPER, HYNDMAN, McDONOUGH, M. L. MILL-
   ER, MORELLE, NIOU, ORTIZ, PAULIN, PERRY -- read once and  referred  to
   the  Committee  on  Transportation  --  reported  and  referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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 340
 of  the  laws  of 2017, and 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02860-02-8

 A. 3441--A                          2
 
 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
 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,
 three-c or ten-a 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, eleven 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 prosecution or proceeding alleging a violation of  para-
 graph (b) of subdivision 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. In any prosecution or proceeding  alleging
 a  violation of paragraph (b) of subdivision three-c of this section, it
 shall be an  affirmative  defense  that  such  taxi  or  livery  was  in
 violation of subdivision four-b of section three hundred eighty-three of
 this chapter.
   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.
   § 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  WHO  ARE  UNDER THE AGE OF EIGHT; OR (D) SUCH PASSENGER UNDER

 A. 3441--A                          3
 
 AGE EIGHT IS EXEMPT PURSUANT TO THE PROVISIONS OF SUBDIVISION  SEVEN  OF
 THIS SECTION.
   §  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.