S T A T E O F N E W Y O R K
________________________________________________________________________
8952
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
certain passengers to use seat belts on school buses equipped there-
with
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 1229-c of the vehicle and traffic
law, as amended by chapter 241 of the laws of 2007, is amended to read
as follows:
5. Any person who violates the provisions of subdivision three OR
ELEVEN-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, 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.
S 2. Section 1229-c of the vehicle and traffic law is amended by
adding a new subdivision 11-a to read as follows:
11-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION, NO PERSON SHALL OPERATE A SCHOOL BUS EQUIPPED WITH SEAT SAFETY
BELTS OR REQUIRED TO BE EQUIPPED WITH SEAT SAFETY BELTS PURSUANT TO
SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-THREE OF THIS CHAPTER
UNLESS ALL PASSENGERS OVER THE AGE OF FOUR AND UNDER THE AGE OF SIXTEEN
ARE RESTRAINED BY A SEAT SAFETY BELT.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00728-01-1