BILL NUMBER:  S3446

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to rear
passenger seat belts

 PURPOSE OR GENERAL IDEA OF BILL :

Mandates the use of safety belts.  When rear seat occupants use safety
belts, they fare significantly better in traffic accidents. Front seat
passengers also fare better in accidents when the rear passengers are
belted. Mandating to use of safety belts by rear seat occupants will
improve traffic accident outcomes and safe lives for all involved. Any
penalty for an unrestrained back seat passenger shall be the
responsibility of such passenger, with the exception of children under
the age of sixteen, where such penalty shall be the responsibility of
his or her parent or guardian.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends subdivisions 1, 3, and 9 of section 1229-c of the vehicle and
traffic law. Amends the vehicle and traffic law to add section 108-a.

Subdivision 1 - Delineates between motor vehicles classified as
"taxis, liveries, and buses" and all others
              

Subdivision 3 - Mandates use of safety belts in all motor vehicle
seating positions

Subdivision 9 - Establishes exceptions. Further established to whom
penalties will be applied.

Section 108-a - Defines "transit bus" as described in the exceptions
established in Subdivision 9

 JUSTIFICATION :

Currently, under the New York State Vehicle and Traffic Law, does not
mandate the use of safety belts by passengers in the rear seat of
motor vehicles. The dangers of not wearing a safety belt in the rear
seat have been highlighted recently by the deaths of several
high-profile individuals. These events have called attention to what
researchers had long ago concluded; rear occupant safety belt usage
saves lives.

As of a 2008 survey conducted by the U.S. DOT NHTSA, 20 States and the
District of Columbia required vehicle occupants 18 and older to use
seat belts when riding in the rear seat. A 2007 funded by the NHTSA
titled "Association of rear seat safety belt use with death in a
traffic crash: a matched cohort study" concluded that safety belt use
was associated with a reduced risk of death for rear car occupants.
According to the authors, if their estimates are casual, traffic crash
mortality can be reduced for rear occupants by approximately 55-75% is
they use safety belts. The lifesaving benefits of rear seat safety
belt usage are not limited to the wearer. A 2004 study by MacLennan,
McGwin, Metzger, at al published in the Journal of Injury Prevention
concluded that "belted occupants are at an increased risk of injury
and death in the event of a Motor Vehicle Collision (MVC) from
unbelted occupants....  unbelted occupants in MVCs become projectiles
within the vehicle and increase the risk of injury to other
occupants."

 PRIOR LEGISLATIVE HISTORY :

2015: S.6015 - Referred to Rules
2016: S.6015 - Referred to Transportation

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect immediately