S T A T E O F N E W Y O R K
________________________________________________________________________
5963--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
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Introduced by M. of A. GALEF, FARRELL, CUSICK, FINCH, GANTT, JAFFEE,
WRIGHT, MOSLEY, WEPRIN -- Multi-Sponsored by -- M. of A. BRENNAN,
CLARK, COOK, DINOWITZ, GLICK, GOTTFRIED, HOOPER, McDONOUGH, McKEVITT,
MORELLE, ORTIZ, PAULIN, PERRY -- read once and referred to the Commit-
tee on Transportation -- recommitted to the Committee on Transporta-
tion in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
children under the age of eight from riding as a passenger in the
front seat of a motor vehicle except under limited circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 5, 6 and 7 of section 1229-c of the vehicle
and traffic law, subdivision 2 as amended by chapter 18 of the laws of
2005, paragraph (c) of subdivision 2 and subdivision 6 as amended by
chapter 405 of the laws of 2009, subdivision 5 as amended by chapter 448
of the laws of 2015, subdivision 7 as added by chapter 365 of the laws
of 1984, are amended to read as follows:
2. No person shall operate a motor vehicle unless all front seat
passengers (a) under the age of sixteen are restrained by a safety belt;
or (b) if they are under the age of four, by a specially designed seat
which is either permanently affixed or affixed to such vehicle by a
safety belt as required by subdivision one of this section, 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 four of this section
used with combination lap safety and shoulder harness belts or (ii) by a
lap safety belt in the event such vehicle is not equipped with combina-
tion lap safety and shoulder harness belts or all the combination lap
safety and shoulder harness belts are being used to properly restrain
other passengers who are under the age of sixteen; or (c) if they are
age four or older but under age eight, (i) are restrained in an appro-
priate child restraint system as defined in subdivision four of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00137-02-6
A. 5963--A 2
section used with combination lap safety and shoulder harness belts or
(ii) are restrained in a lap safety belt in the event such vehicle is
not equipped with combination lap safety and shoulder harness belts or
all the combination lap safety and shoulder harness belts are being used
to properly restrain other passengers who are under the age of sixteen.
NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO SUPERSEDE THE
REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION.
5. Any person who violates the provisions of subdivision three or
ten-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,
TWO-A, 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.
6. The court shall waive any fine for which a person who violates the
provisions of this section would be liable with respect to passengers
under the age of eight if such person supplies the court with proof
that, between the date on which he is charged with having violated this
section and the appearance date for such violation, he purchased or
rented a child restraint system which meets the requirements of subdivi-
sion one of this section. Provided, however, that such waiver of fine
shall not apply to a second or subsequent conviction under this section,
NOR A VIOLATION OF SUBDIVISION TWO-A OF THIS SECTION.
7. The provisions of this section shall not apply to a passenger or
operator with a physically disabling condition whose physical disability
would prevent appropriate restraint in such safety seat or safety belt,
OR TO A PASSENGER UNDER THE AGE OF EIGHT WHOSE PHYSICAL CONDITION NECES-
SITATES THAT SUCH PASSENGER BE SEATED IN THE FRONT SEAT FOR MEDICAL OR
SAFETY REASONS, provided, however, THAT such condition is duly certified
by a physician who shall state the nature of the [handicap] DISABILITY
OR CONDITION, as well as the reason such restraint is OR REAR SEAT
PLACEMENT IS inappropriate.
S 2. Section 1229-c of the vehicle and traffic law is amended by
adding a new subdivision 2-a to read as follows:
2-A. NO PERSON SHALL OPERATE A MOTOR VEHICLE WITH ANY PASSENGERS UNDER
THE AGE OF EIGHT SEATED IN THE FRONT SEAT OF SUCH VEHICLE. PROVIDED,
HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY IF: (A) SUCH MOTOR VEHI-
CLE IS NOT EQUIPPED WITH REAR SEATS; OR (B) THE REAR SEAT CANNOT ACCOM-
MODATE THE PROPER INSTALLATION OF THE CHILD SAFETY SEAT OR BOOSTER SEAT
IN WHICH SUCH PASSENGER IS BEING TRANSPORTED, AS DETERMINED BY THE
COMMISSIONER, OR VEHICLE MANUFACTURER, OR CHILD SAFETY SEAT OR BOOSTER
SEAT MANUFACTURER; OR (C) ALL OTHER SEAT POSITIONS ARE OCCUPIED BY OTHER
OCCUPANTS WHO ARE UNDER THE AGE OF EIGHT; OR (D) SUCH PASSENGER UNDER
AGE EIGHT IS EXEMPT PURSUANT TO THE PROVISIONS OF SUBDIVISION SEVEN OF
THIS SECTION.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that any
person who violates the provisions of subdivision 2-a of section 1229-c
of the vehicle and traffic law, as added by section two of this act
within the twelve months following such effective date, shall be subject
to a warning but shall not be issued an appearance ticket and shall not
be liable for a fine.