S T A T E O F N E W Y O R K
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2928
2017-2018 Regular Sessions
I N S E N A T E
January 18, 2017
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Introduced by Sen. DILAN -- 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 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 448 of the laws of 2015 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 or
ten-a 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 OPERATING 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 THREE OF THIS SECTION. Any person who violates the
provisions of subdivision 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 paragraph (b) of subdivision one or paragraph (c) of subdi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01383-01-7
S. 2928 2
vision 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.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.