The New York State Senate

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

                                  1582

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2017
                               ___________

Introduced  by  M. of A. MOSLEY, JAFFEE, HOOPER -- Multi-Sponsored by --
  M. of A. BLAKE, PERRY -- read once and referred 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

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

                                                           LBD01383-01-7

A. 1582                             2

violation of paragraph (b) of subdivision one or paragraph (c) of subdi-
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.