S T A T E O F N E W Y O R K
________________________________________________________________________
5907--A
2013-2014 Regular Sessions
I N S E N A T E
June 26, 2013
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Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Cities in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to requiring the use of seatbelts by passengers in taxicabs
and for-hire vehicles in the city of New York and requiring operators
to display a notice informing passengers of such requirement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 19-529 of the administrative code of the city of
New York is amended by adding three new subdivisions e, f and g to read
as follows:
E. WHILE TAXICABS OR FOR-HIRE VEHICLES SUBJECT TO THIS SECTION ARE
BEING OPERATED: (1) ALL PASSENGERS UNDER THE AGE OF FOUR SHALL BE
RESTRAINED IN A SPECIALLY DESIGNATED SEAT WHICH MEETS THE FEDERAL MOTOR
VEHICLE SAFETY STANDARDS SET FORTH IN 49 C.F.R. 571.213 AND WHICH 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 F OF THIS SECTION USED WITH COMBINATION
LAP SAFETY AND SHOULDER HARNESS BELTS; OR (II) BY A LAP SAFETY BELT IN
THE EVENT THAT ALL THE COMBINATION LAP SAFETY AND SHOULDER HARNESS BELTS
ARE BEING USED TO PROPERLY RESTRAIN OTHER PASSENGERS;
(2) ALL PASSENGERS WHO ARE AGE FOUR AND OLDER BUT UNDER AGE EIGHT
SHALL BE RESTRAINED EITHER: (I) IN AN APPROPRIATE CHILD RESTRAINT SYSTEM
AS DEFINED IN SUBDIVISION F OF THIS SECTION WITH COMBINATION LAP AND
SHOULDER HARNESS BELTS; OR (II) BY A LAP SAFETY BELT IN THE EVENT ALL
THE COMBINATION LAP SAFETY AND SHOULDER HARNESS BELTS ARE BEING USED TO
PROPERLY RESTRAIN OTHER PASSENGERS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11368-03-4
S. 5907--A 2
(3) ALL PASSENGERS WHO ARE AGE EIGHT AND OLDER SHALL BE RESTRAINED BY
EITHER: (I) A COMBINATION LAP SAFETY AND SHOULDER HARNESS BELT; OR (II)
A LAP SAFETY BELT;
(4) ANY PASSENGER WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION
SHALL BE PUNISHED BY A CIVIL FINE OF UP TO FIFTY DOLLARS. A POLICE OFFI-
CER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF THIS SUBDIVISION BY A
PERSON LESS THAN EIGHTEEN YEARS OLD TO THE PARENT OR GUARDIAN OF SUCH
PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH
PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR GUARDIAN IS EIGH-
TEEN YEARS OF AGE OR OLDER. NO PERSON OPERATING SUCH TAXICAB OR FOR-HIRE
VEHICLE SHALL BE SUBJECT TO A CIVIL FINE FOR THE FAILURE OF A PASSENGER
TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
(5) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PASSENGER
WITH A PHYSICALLY DISABLING CONDITION WHOSE PHYSICAL DISABILITY WOULD
PREVENT APPROPRIATE RESTRAINT IN SUCH SAFETY SEAT OR SAFETY BELT
PROVIDED, HOWEVER, SUCH CONDITION IS DULY CERTIFIED BY A PHYSICIAN WHO
SHALL STATE THE NATURE OF THE HANDICAP, AS WELL AS THE REASON SUCH
RESTRAINT IS INAPPROPRIATE.
F. FOR THE PURPOSES OF THIS SECTION, THE TERM "APPROPRIATE CHILD
RESTRAINT SYSTEM" SHALL MEAN ANY DEVICE, USED IN CONJUNCTION WITH SAFETY
BELTS, DESIGNED FOR USE IN A MOTOR VEHICLE TO RESTRAIN, SEAT, OR POSI-
TION CHILDREN AND WHICH MEETS THE APPLICABLE FEDERAL MOTOR VEHICLE SAFE-
TY STANDARDS SET FORTH IN 49 C.F.R. 571.213, AND FOR WHICH THE OCCUPANT
MEETS THE OCCUPANT SIZE AND WEIGHT RECOMMENDATIONS OF THE MANUFACTURER
OF SUCH SYSTEM.
G. (1) EVERY TAXICAB AND FOR-HIRE VEHICLE SUBJECT TO THIS SECTION
SHALL DISPLAY A NOTICE WITHIN THE TAXICAB OR FOR-HIRE VEHICLE WHICH
STATES IN CONSPICUOUS LETTERING OF AT LEAST SEVENTY-TWO POINT BOLDFACE
TYPE:
NEW YORK CITY LAW REQUIRES ALL PASSENGERS TO BE RESTRAINED BY SEAT
AND/OR SHOULDER BELTS. PASSENGERS UNDER THE AGE OF EIGHT MUST BE
RESTRAINED IN A FEDERALLY-APPROVED CHILD RESTRAINT SYSTEM. FAILURE
TO COMPLY WILL RESULT IN A FINE OF UP TO $50 PER VIOLATION.
(2) SUCH SIGN SHALL BE PLACED IN AN UPRIGHT POSITION AND IN A CONSPIC-
UOUS PLACE WHERE IT CAN BE READ EASILY BY THE PASSENGERS IN THE TAXICAB
OR FOR-HIRE VEHICLE.
(3) ANY TAXICAB OR FOR-HIRE VEHICLE WHICH VIOLATES THE PROVISIONS OF
THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY, NOT TO EXCEED ONE
HUNDRED DOLLARS FOR EACH DAY OF VIOLATION.
S 2. This act shall take effect immediately.