S T A T E O F N E W Y O R K
________________________________________________________________________
123
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
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. NOTWITHSTANDING THE PROVISIONS OF SECTION TWELVE HUNDRED TWENTY-
NINE-C OF THE VEHICLE AND TRAFFIC LAW, WHILE TAXICABS OR FOR-HIRE VEHI-
CLES SUBJECT TO THIS SECTION ARE BEING OPERATED:
(1) ALL PASSENGERS ONE YEAR AND OLDER SHALL BE RESTRAINED BY EITHER:
(I) A COMBINATION LAP SAFETY AND SHOULDER HARNESS BELT; (II) A LAP SAFE-
TY BELT; OR (III) IN AN APPROPRIATE CHILD RESTRAINT SYSTEM AS DEFINED IN
SUBDIVISION F OF THIS SECTION WITH COMBINATION LAP AND SHOULDER HARNESS
BELTS.
(2) 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 SIXTEEN 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 SIXTEEN
YEARS OF AGE OR OLDER. FOR THE PURPOSES OF THIS SUBDIVISION, THERE SHALL
BE A REBUTTABLE PRESUMPTION THAT, WHEN A PASSENGER UNDER THE AGE OF
SIXTEEN IS TRAVELING IN A TAXICAB OR A FOR-HIRE VEHICLE, ANY OTHER
PASSENGER IN SUCH TAXICAB OR FOR-HIRE VEHICLE WHO REASONABLY APPEARS TO
BE THE PARENT OR GUARDIAN OF SUCH PASSENGER UNDER THE AGE OF SIXTEEN IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02941-01-7
S. 123 2
THE PARENT OR GUARDIAN OF SUCH PASSENGER UNDER THE AGE OF SIXTEEN. 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.
(3) 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 THE REQUIREMENTS OF THIS SECTION IN ACCORDANCE WITH RULES AND
REGULATIONS PROMULGATED BY THE COMMISSION.
(2) 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.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.