Senate Bill S3623

Signed By Governor

2009-2010 Legislative Session

Relates to requiring children under the age of 8 to be restrained by a child restraint system in a motor vehicle

download bill text pdf

Archive: Last Bill Status Via A8612 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2009	signed chap.405
Aug 14, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.912 substituted for s3623a
Jul 16, 2009	substituted by a8612a ordered to third reading cal.912 committee discharged and committed to rules
Jun 19, 2009	print number 3623a
Jun 19, 2009	amend and recommit to codes
Jun 02, 2009	reported and committed to codes
Mar 25, 2009	referred to transportation

Votes

- Jul 16, 2009 - Floor Vote
  A8612
  
  Aye
  
  55
  
  Nay
  
  2
  
  Absent
  
  0
  
  Excused
  
  5
  
  Abstained
  
  0
  - - Floor Vote: Jul 16, 2009
      
      aye (55)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (2)
      
      Flanagan
      
      Little
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 16, 2009 - Rules Committee Vote
  S3623
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Jul 16, 2009
      
      aye (22)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Seward
      
      excused (1)
      
      Johnson

Bill Amendments

Original

A (Active)

2009-S3623 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L

2009-S3623 - Summary

Relates to requiring children under the age of 8 to be restrained by a child restraint system in a motor vehicle.

2009-S3623 - Sponsor Memo

                                 BILL NUMBER:  S3623

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to requiring
children under the age of 8 to be restrained by a child restraint
system in a motor vehicle

 PURPOSE OF THE BILL :

This bill would enhance highway safety for children who are passengers
in motor vehicles.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Vehicle and Traffic Law ("VTL") §§
1229-c(1)(b) and (c) to raise from seven years to eight years the
maximum age at which children over the age of four are required to be
restrained in booster seats while they are passengers in the back seat
of an automobile. This section would also require that all other
passengers in the back seat, regardless of age, be restrained by a
safety belt.

Section 2 of the bill would amend and renumber VTL § 1229-c(3-a) to
clarify that a passenger must wear both a lap belt, and a shoulder
belt across the torso, when sitting in a vehicle.

Sections 3 and 4 of the bill would make conforming amendments to VTL
§§ 1229-c(6) and (12), respectively, concerning the increased maximum
age of rear seat child passengers set forth in section 1 of the bill.

Section 5 of the bill would provide that the bill would take effect 90
days after it becomes law.

 EXISTING LAW :

Currently, the VTL requires only children between the ages of four and
seven to be restrained in child passenger restraint systems. There is
no specific requirement that a shoulder harness belt be worn across
the torso.

 LEGISLATIVE HISTORY :

A.11083-A, which passed the Assembly in 2007, contained the provisions
set forth in bill sections 1, 3, and 4 of this bill.

 STATEMENT IN SUPPORT :

Pursuant to two recent enactments (Chapter 509 of the Laws of 2004 and
Chapter 18 of the Laws of 2005), children between the ages of four and
seven are required to be restrained in special booster seats, as are
those under four who weigh more than forty pounds. However, according
to the Center for Disease Control growth charts, the average
eight-year-old child weighs about 68 pounds, while 95% of children
under age eight weigh less than 80 pounds. All current booster seats
are certified for at least 80 pounds and many, for up to 100 pounds.
The average eight year old is about 50" tall (4 feet 2 inches) and 96%
of this age group are under 54" (4 feet 6 inches).  Due to the
difference in anatomy between adults and children, the recommended
height to use an adult seat belt is 4 feet 9 inches.  Therefore,
increasing the age for required seating in an appropriate child
restraint system ("booster seat") recognizes the reality of the
physical size of this age group, and will enhance the safety of these
children when they are passengers in an automobile.


The bill's provision concerning the proper placement of the shoulder
harness safety belt is in response to a court decision dismissing a
ticket for a violation of VTL § 1229-c where the defendant was wearing
the shoulder harness under her arm. The court held that this was not a
violation of the law because VTL § 1229-c (3-a) does not explicitly
require that the belt be worn over the shoulder, but only that the
wearer be "restrained". (People v. Locke, 1 Misc. 3d 482 (Watertown
City Court 2003)). Clearly, the intent of existing law is that a
shoulder harness safety belt be worn across the torso, in order that
the belt may be effective. This bill would explicitly delineate that
intention, so as to properly and effectively restrain and protect
motor vehicle occupants.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would take effect 90 days after becoming law.

2009-S3623 - Bill Text download pdf

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

                                  3623

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced by Sen. DILAN -- (at request of the Department of Motor Vehi-
  cles)  --  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  requiring
  children  under  the  age  of  8 to be restrained by a child restraint
  system in a motor vehicle

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

  Section  1.  Paragraph  (b)  of subdivision 1 of section 1229-c of the
vehicle and traffic law, as amended by chapter 18 of the laws  of  2005,
is amended to read as follows:
  (b) all back seat passengers of such vehicle who are age four or older
but  under  age [seven] EIGHT (i) are restrained in an appropriate child
restraint system as defined in subdivision four  of  this  section  used
with  combination  lap 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; or
  S 2. Subdivision 3 of section 1229-c of the vehicle and  traffic  law,
as  added  by  chapter  365  of  the laws of 1984, is amended to read as
follows:
  3. No person shall operate a  motor  vehicle  unless  such  person  is
restrained  by  a  safety  belt  approved by the commissioner. No person
sixteen years of age or over shall be a passenger in [the front seat of]
a motor vehicle unless such  person  is  restrained  by  a  safety  belt
approved by the commissioner.
  S 3. Subdivision 3-a of section 1229-c of the vehicle and traffic law,
as  added  by  chapter  546  of  the laws of 2002, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09382-06-9

S. 3623                             2

  [3-a] 3-B. Except as otherwise provided for passengers under  the  age
of four, it shall be a violation of this section if a person is [seated]
in  a [seating position] SEAT equipped with both a lap safety belt and a
shoulder harness belt and such person is not restrained by both such lap
safety  belt  and  shoulder harness belt, WITH THE SHOULDER HARNESS BELT
WORN ACROSS SUCH PERSON'S TORSO.
  S 4. Subdivision 6 of section 1229-c of the vehicle and  traffic  law,
as  amended  by  chapter  509 of the laws of 2004, is amended to read as
follows:
  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 [seven] 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.
  S 5. Paragraph (a) of subdivision 12 of section 1229-c of the  vehicle
and  traffic  law,  as  amended  by  chapter 509 of the laws of 2004, is
amended to read as follows:
  (a) Every rental vehicle company,  as  defined  in  paragraph  (c)  of
subdivision  one  of  section  three hundred ninety-six-z of the general
business law, shall post a sign in their place of business which  states
in conspicuous lettering of at least seventy-two point boldface type:
  NEW  YORK  STATE  LAW  REQUIRES  ALL CHILDREN UNDER THE AGE OF [SEVEN]
EIGHT TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2009-S3623A (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L

2009-S3623A (ACTIVE) - Summary

Relates to requiring children under the age of 8 to be restrained by a child restraint system in a motor vehicle.

2009-S3623A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3623A

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to requiring children under the age of 8 to be restrained by
a child restraint system in a motor vehicle

 PURPOSE OF THE BILL :  This bill would enhance highway safety for
children who are passengers in motor vehicles.

 SUMMARY OF PROVISIONS :  Section 1 of the bill would amend Vehicle
and Traffic Law ("VTL") § 1229-c(1)(b) to increase, to age 7, the
maximum age at which children over the age of four are required to be
restrained in booster seats while they are passengers in the back seat
of an automobile.

Section 2 of the bill would make the same amendment to VTL, §
1229-c(2)(e), regarding front seat passengers.

Sections 3 and 4 of the bill would make conforming amendments to VTL
§§ 1229-c(6) and (12), respectively, concerning the increased maximum
age of child passengers subject to the booster seat requirement.

Section 5 of the bill would provide that the bill would take effect 90
days after it becomes law.

 EXISTING LAW : Currently, the VTL requires only children ages four

through six to be restrained in child passenger restraint systems.

 LEGISLATIVE HISTORY :  A.11083-A passed the Assembly in 2007.
restrained in child passenger restraint systems.

 STATEMENT IN SUPPORT :  Pursuant to two recent enactments (Chapter
509 of the Laws of 2004 and Chapter 18 of the Laws of 2005), ages four
through six are required to be restrained in special booster seats, as
are those under four who weigh more than forty pounds. However,
according to the Center for Disease Control growth charts, while 95%
of children under the age of eight weigh less than 80 pounds. All
current booster seats are certified for at least 80 pounds and many,
up to 100 pounds. The average eight year old is about 50" tall (4 feet
2inches) and 96% of this age group are under 54" (4 feet 6 inches).
Due to the difference in anatomy between adults and children, the
recommended height to use an adult seat belt is 4 feet 9 inches.
Therefore, including 7 year olds in the booster seat requirement is a
reasonable step that recognizes the reality of the physical size of
this age group, and will enhance the safety of these children when
they are passengers in an automobile.

 BUDGET IMPLICATIONS :  None.

 EFFECTIVE DATE :  This bill would take effect 90 days after receiving
Executive approval.

2009-S3623A (ACTIVE) - Bill Text download pdf

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

                                 3623--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced by Sen. DILAN -- (at request of the Department of Motor Vehi-
  cles)  --  read  twice  and  ordered  printed,  and when printed to be
  committed to the Committee on  Transportation  --  reported  favorably
  from said committee and committed to the Committee on Codes -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  children  under  the  age  of  8 to be restrained by a child restraint
  system in a motor vehicle

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

  Section  1.  Paragraph  (b)  of subdivision 1 of section 1229-c of the
vehicle and traffic law, as amended by chapter 18 of the laws  of  2005,
is amended to read as follows:
  (b) all back seat passengers of such vehicle who are age four or older
but  under  age [seven] EIGHT (i) are restrained in an appropriate child
restraint system as defined in subdivision four  of  this  section  used
with  combination  lap 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; or
  S 2.  Paragraph (c) of subdivision 2 of section 1229-c of the  vehicle
and  traffic  law,  as  amended  by  chapter  18 of the laws of 2005, is
amended to read as follows:
  (c) if they are age four or older but under age [seven] EIGHT, (i) are
restrained in an appropriate child restraint system as defined in subdi-
vision four of this section used with combination lap safety and  shoul-
der  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09382-08-9

S. 3623--A                          2

harness belts are being used to properly restrain other  passengers  who
are under the age of sixteen.
  S  3.  Subdivision 6 of section 1229-c of the vehicle and traffic law,
as amended by chapter 509 of the laws of 2004, is  amended  to  read  as
follows:
  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 [seven] 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.
  S  4. Paragraph (a) of subdivision 12 of section 1229-c of the vehicle
and traffic law, as amended by chapter 509  of  the  laws  of  2004,  is
amended to read as follows:
  (a)  Every  rental  vehicle  company,  as  defined in paragraph (c) of
subdivision one of section three hundred  ninety-six-z  of  the  general
business  law, shall post a sign in their place of business which states
in conspicuous lettering of at least seventy-two point boldface type:
  NEW YORK STATE LAW REQUIRES ALL CHILDREN  UNDER  THE  AGE  OF  [SEVEN]
EIGHT TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S3623

Signed By Governor

Sponsored By

Archive: Last Bill Status Via A8612 - Signed by Governor

Actions

Votes

Jul 16, 2009 - Floor Vote

Floor Vote: Jul 16, 2009

Jul 16, 2009 - Rules Committee Vote

Rules Committee Vote: Jul 16, 2009

Bill Amendments

2009-S3623 - Details

2009-S3623 - Summary

2009-S3623 - Sponsor Memo

2009-S3623 - Bill Text download pdf

2009-S3623A (ACTIVE) - Details

2009-S3623A (ACTIVE) - Summary

2009-S3623A (ACTIVE) - Sponsor Memo

2009-S3623A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S3623

Senate Bill S3623

Signed By Governor

Share this bill

Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status Via A8612 - Signed by Governor

Actions

Votes

Bill Amendments

2009-S3623 - Details

2009-S3623 - Summary

2009-S3623 - Sponsor Memo

2009-S3623 - Bill Text download pdf

2009-S3623A (ACTIVE) - Details

2009-S3623A (ACTIVE) - Summary

2009-S3623A (ACTIVE) - Sponsor Memo

2009-S3623A (ACTIVE) - Bill Text download pdf

Comments