senate Bill S3733

2013-2014 Legislative Session

Requires the use of seatbelts by volunteer firefighters

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jun 21, 2013 committed to rules
Mar 07, 2013 advanced to third reading
Mar 06, 2013 2nd report cal.
Mar 05, 2013 1st report cal.163
Feb 13, 2013 referred to transportation

Votes

view votes

Mar 5, 2013 - Transportation committee Vote

S3733
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Co-Sponsors

view additional co-sponsors

S3733 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1229-c, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S4765A

S3733 - Bill Texts

view summary

Requires the use of seatbelts by volunteer firefighters; provides exception for vehicles which do not have restraint systems provided by the manufacturer or to volunteer firefighters not seated within the confines of the vehicle or emergency medical personnel providing patient care in the rear compartment of an ambulance.

view sponsor memo
BILL NUMBER:S3733

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to the use of seatbelts by volunteer firefighters

PURPOSE OR GENERAL IDEA OF THE BILL: This legislation relates to the
use of seatbelts in emergency vehicles owned or operated by a volunteer
fire company or volunteer ambulance service.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new subdivision 14 to § 1229-c of the Vehi-
cle & Traffic Law to prohibit the operation of an emergency vehicle
owned or operated by a volunteer fire company or volunteer ambulance
service as defined by section 100 of the General Municipal Law unless
all passengers seated in the vehicle are utilizing safety belts or
restraint systems as provided by the vehicle manufacturer. This subdi-
vision shall not apply: to vehicles which do not have restraint systems
provided by the manufacturer, for volunteer firefighters not seated
within the confines of the vehicle or to emergency medical personnel
administering medical treatment in accordance with applicable patient
care standards or guidelines established pursuant to Article 30 of the
Public Health Law to a patient in the rear compartment of an ambulance.
It prohibits a claim for benefits filed pursuant to the volunteer fire-
fighters' benefit law or the volunteer ambulance workers' benefit from
being denied solely on the basis of failure to comply with the
provisions of this subdivision.

Section 2 of the bill is the effective date.

JUSTIFICATION: In 1984, NYS adopted § 1229-c of the NYS Vehicle & Traf-
fic Law. This law sets forth the rules for operation of vehicles that
have safety or seat belts. In general, this law requires operators and
passengers of "motor vehicles" to be restrained by safety belts. Howev-
er, certain vehicles are exempt from the law's requirements. Under
1229-c, "authorized emergency vehicles" are exempt from the definition
of the term "motor vehicle", These vehicles were excluded from the
requirements of § 1229-c since the operators of these vehicles need to
perform their duties in an unhampered fashion. The term "authorized
emergency vehicle" is defined under § 101 of the Vehicle & Traffic Law
and is defined to include fire and ambulance vehicles. As a result, fire
and ambulance vehicles are exempt from the requirement to use safety or
seatbelts.

The single largest cause of Volunteer Firefighter and EMS responder
death is vehicle accidents to and from an incident scene. The largest
contributor to those deaths is failure to wear seat belts, Volunteers
would like the current exemption removed from the law making New York
law consistent with the training and operational procedures currently in
place to promote seat belt use.

Use of seat belts promotes safety and saves lives. Since buckling a seat
belt takes just a few seconds, fire and ambulance vehicles should be
required to use them,. This bill is strongly supported by the Fireman's
Association of the State of New York,

LEGISLATIVE HISTORY: 2011-12: S.4765A Passed Senate 2011; remained in
Cmte 2012 2009-10: A.6765/S.3671 2008-07: S.7478

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3733

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- 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 the  use  of
  seatbelts by volunteer firefighters

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

  Section 1. Section 1229-c of the vehicle and traffic law is amended by
adding a new subdivision 14 to read as follows:
  14.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
SECTION,  NO PERSON SHALL OPERATE AN EMERGENCY VEHICLE OWNED OR OPERATED
BY A VOLUNTEER FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS DEFINED BY
SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW UNLESS  ALL  PASSENGERS
SEATED IN THE VEHICLE ARE UTILIZING SAFETY BELTS OR RESTRAINT SYSTEMS AS
PROVIDED  BY  THE VEHICLE MANUFACTURER. THIS SUBDIVISION SHALL NOT APPLY
TO VEHICLES WHICH DO NOT HAVE RESTRAINT SYSTEMS PROVIDED BY THE MANUFAC-
TURER OR TO VOLUNTEER FIREFIGHTERS NOT SEATED WITHIN THE CONFINES OF THE
VEHICLE OR EMERGENCY MEDICAL PERSONNEL PROVIDING  PATIENT  CARE  IN  THE
REAR  COMPARTMENT  OF  AN  AMBULANCE  PROVIDED  THAT  SUCH PERSONNEL ARE
PROVIDING CARE IN ACCORDANCE WITH APPLICABLE PATIENT CARE  STANDARDS  OR
GUIDELINES  ESTABLISHED  PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH
LAW. A CLAIM FOR BENEFITS FILED PURSUANT TO THE VOLUNTEER  FIREFIGHTERS'
BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW SHALL NOT BE
DENIED  SOLELY  ON THE BASIS OF FAILURE TO COMPLY WITH THE PROVISIONS OF
THIS SUBDIVISION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08936-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.