Assembly Bill A2449B

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

                                 2449--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of A. MOSLEY, JAFFEE, SCHIMEL, HOOPER -- Multi-Spon-
  sored by -- M. of A. BLAKE, PERRY -- read once  and  referred  to  the
  Committee  on Transportation -- reported and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend the vehicle and traffic law, in relation to mandatory
  seat belt use

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

  Section  1.  Subdivisions  3, 5 and 9 of section 1229-c of the vehicle
and traffic law, subdivision 3 as added by chapter 365 of  the  laws  of
1984,  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:
  3. No person  shall  operate  a  motor  vehicle,  INCLUDING  TAXICABS,
LIVERIES  AND OTHER FOR HIRE VEHICLES,  unless such person is restrained
by a safety belt approved by the commissioner. No person  sixteen  years
of age or over shall be a passenger in [the front seat of] a motor vehi-
cle,  INCLUDING  TAXICABS,  LIVERIES AND OTHER FOR HIRE VEHICLES, unless
such person is restrained by a safety belt approved by the commissioner.
  5. Any person who violates the provisions of subdivision three of this
section shall be punished by a civil fine of up to  fifty  dollars.    A
POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF SUBDIVISION
THREE  OF  THIS  SECTION 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 EIGHTEEN YEARS OF AGE OF OLDER. NO PERSON OPERAT-
ING A TAXICAB OR FOR HIRE VEHICLE SHALL BE SUBJECT TO A CIVIL  FINE  FOR
THE  FAILURE OF A PASSENGER TO COMPLY WITH THE PROVISIONS OF SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05942-05-5
              

A. 2449--B                          2

THREE OF THIS SECTION. Any person who violates the provisions of  subdi-
vision 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.
  9.  Notwithstanding  the  provisions of subdivision four AND EXCEPT AS
PROVIDED FOR IN SUBDIVISIONS THREE AND  FIVE,  this  section  shall  not
apply to taxis, liveries, and buses other than school buses.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.