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Assembly Bill A3849

2013-2014 Legislative Session

Relates to the use of safety belts in taxicabs and liveries

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Archive: Last Bill Status - In Assembly Committee

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2013-A3849 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1229-c, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5754
2011-2012: A3204
2015-2016: A1595
2017-2018: A1258

2013-A3849 (ACTIVE) - Summary

Prohibits a person from operating a taxi or livery unless restrained by a safety belt; further requires that no person sixteen years of age or over shall be a passenger in the front seat of a taxi or livery unless restrained by a safety belt; requires the commissioner to approve such safety belts.

2013-A3849 (ACTIVE) - Bill Text download pdf 

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

                                  3849

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the  use  of
  safety belts in taxicabs and liveries

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

  Section 1. Subdivisions 5 and 9 of section 1229-c of the  vehicle  and
traffic law, subdivision 5 as amended by chapter 241 of the laws of 2007
and  subdivision  9  as  amended by chapter 390 of the laws of 1996, are
amended to read as follows:
  5. Any person who violates the  provisions  of  subdivision  three  OR
THREE-C 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 paragraph (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. IN ANY PROSECUTION  OR  PROCEEDING  ALLEGING  A
VIOLATION  OF  PARAGRAPH  (B) OF SUBDIVISION THREE-C OF THIS SECTION, IT
SHALL BE AN  AFFIRMATIVE  DEFENSE  THAT  SUCH  TAXI  OR  LIVERY  WAS  IN
VIOLATION OF SUBDIVISION FOUR-B OF SECTION THREE HUNDRED EIGHTY-THREE OF
THIS CHAPTER.
  9. Notwithstanding the provisions of subdivision four OF THIS SECTION,
THE PROVISIONS OF this section shall not apply to [taxis, liveries, and]
buses  other  than  school buses AND THE PROVISIONS OF SUBDIVISIONS ONE,
TWO, THREE AND THREE-A OF THIS SECTION SHALL NOT  APPLY  TO  TAXIES  AND
LIVERIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07678-01-3

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