S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5917
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of  A. GALEF, CUSICK, GANTT, JAFFEE, MOSLEY, WEPRIN,
   D'URSO, STECK, FINCH -- Multi-Sponsored by -- M. of  A.  COOK,  ENGLE-
   BRIGHT,  GLICK,  GOTTFRIED,  HYNDMAN,  McDONOUGH,  M. L. MILLER, NIOU,
   ORTIZ, PAULIN, PERRY -- read once and referred  to  the  Committee  on
   Transportation

 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 340
 of the laws of 2017, and 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.
              

                                                            LBD07313-02-9

 A. 5917                             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,
 three-c 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  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. In any prosecution or proceeding  alleging
 a  violation of paragraph (b) of subdivision three-c of this section, it
 shall be an  affirmative  defense  that  such  taxi  or  livery  was  in
 violation of subdivision four-b of section three hundred eighty-three of
 this chapter.
   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.
   § 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
 THE AGE OF EIGHT IS EXEMPT PURSUANT TO  THE  PROVISIONS  OF  SUBDIVISION
 SEVEN OF THIS SECTION.
   §  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

 A. 5917                             3
 
 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.