S T A T E O F N E W Y O R K
________________________________________________________________________
2740
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to safety seat
and seat belt requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) 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:
(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] WHICH IS SECURED ACCORDING TO THE VEHICLE'S MANUAL OR
CHILD RESTRAINT SYSTEM MANUFACTURER'S INSTRUCTIONS. IN the event that
the weight of such passenger under the age of four exceeds forty pounds,
such passenger [may] MUST be PROPERLY 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 combi-
nation 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] AND WHICH IS SECURED
ACCORDING TO THE VEHICLE'S MANUAL OR CHILD RESTRAINT SYSTEM MANUFACTUR-
ER'S INSTRUCTIONS;
S 2. Paragraph (b) of subdivision 1 of section 1229-c of the vehicle
and traffic law, as amended by chapter 405 of the laws of 2009, is
amended to read as follows:
(b) all back seat passengers of such vehicle who are age four or older
but under age eight [(i)] are PROPERLY restrained in an appropriate
child restraint system as defined in subdivision four of this section
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07691-01-1
A. 2740 2
[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] AND
WHICH IS SECURED ACCORDING TO THE VEHICLE MANUAL'S OR CHILD RESTRAINT
SYSTEM MANUFACTURER'S INSTRUCTIONS; or
S 3. Paragraph (c) 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:
(c) in the case of any other back seat passenger [under the age of
sixteen], he or she is restrained by a safety belt approved by the
commissioner.
S 4. Paragraph (b) 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:
(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]. IN
the event that the weight of such passenger under the age of four
exceeds forty pounds, such passenger [may] MUST be PROPERLY 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 combination lap safety and shoulder harness belts are being used
to properly restrain other passengers who are under the age of sixteen]
AND WHICH IS SECURED ACCORDING TO THE VEHICLE'S MANUAL OR CHILD
RESTRAINT SYSTEM MANUFACTURER'S INSTRUCTIONS; or
S 5. Paragraph (c) of subdivision 2 of section 1229-c of the vehicle
and traffic law, as amended by chapter 405 of the laws of 2009, is
amended to read as follows:
(c) if they are age four or older but under age eight, [(i) are] SUCH
PASSENGERS MUST BE PROPERLY restrained in an appropriate child restraint
system as defined in subdivision four of this section [used with combi-
nation lap safety and shoulder harness belts or (ii) are restrained in 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
safety and shoulder harness belts are being used to properly restrain
other passengers who are under the age of sixteen] AND WHICH IS SECURED
ACCORDING TO THE VEHICLE'S MANUAL OR CHILD RESTRAINT SYSTEM MANUFACTUR-
ER'S INSTRUCTIONS.
S 6. Subdivision 13 of section 1229-c of the vehicle and traffic law,
as amended by chapter 20 of the laws of 2008, is amended to read as
follows:
13. Notwithstanding the provisions of subdivision four of this
section, no person shall operate a school bus for which there are no
applicable federal school bus safety standards unless all occupants are
restrained by a safety belt approved by the commissioner or, regarding
occupants age four or older but under age [seven] EIGHT, are restrained
pursuant to subdivision one or two of this section.
S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.