S T A T E O F N E W Y O R K
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42
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. FUSCHILLO -- 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 mandatory
seat belt use
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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:
1. No person shall operate a motor vehicle in this state unless: (a)
all back seat passengers of such vehicle under the age of four are
restrained in a specially designed seat which meets the Federal Motor
Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is
either permanently affixed or 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 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 combination lap safety and shoulder harness belts or all the combi-
nation lap safety and shoulder harness belts are being used to properly
restrain other passengers who are under the age of sixteen; (b) all back
seat passengers of such vehicle who are age four or older but under age
seven (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 shoul-
der harness belts are being used to properly restrain other passengers
who are under the age of sixteen; or (c) in the case of any other back
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00945-01-9
S. 42 2
seat passenger [under the age of sixteen], he or she is restrained by a
safety belt approved by the commissioner.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.