NY State Senate Bill 2019-S1421

Senate Bill S1421

2019-2020 Legislative Session

Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 14, 2019	referred to transportation

2019-S1421 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7781
2017-2018: S2163
2021-2022: S3752

2019-S1421 (ACTIVE) - Summary

Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases; makes limited exceptions.

2019-S1421 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1421

SPONSOR: SERINO
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to prohibit children under the age of
8 from riding as a passenger in the front seat of a vehicle except in
certain cases.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivisions 2, 5, 6, and 7 of section 1229-c of the Vehicle
and Traffic Law are amended to prohibit children under the age of eight
from riding as passengers in the front seat of a motor vehicle with the
following exceptions: (1) there are no rear seats; (2) a child safety

seat or booster seat cannot be properly installed in the rear seat; (3)
all rear seats are already occupied by other occupants who are also
under the age of eight; or if (4) medical reasons necessitate the child
should not ride in the rear seat.

Section 2: Provides the effective date.

 
JUSTIFICATION:

Preventable injuries are the number one killer of children (ages 14 and
under) across the country. According to the National Highway Traffic
Safety Administration (NHTSA), in 2013 an average of three children 14
and younger were killed and an estimated 470 were injured in traffic
crashes every day in the United States.

Experts agree that children are safest when buckled up in the back seat.
The Insurance Institute for Highway Safety found that retraining chil-
dren between the ages of 4 to 8 years old in rear seats rather than
front seats reduced their risk of fatal injury by nearly half. The back
seat location provides greater protection for the head-on collisions,
the most serious type of crash, by removing children away from the point
of impact.

New York State now requires all children up to age 16 to wear seat belts
in both front and rear seats, while children under age 8 must be also
properly restrained in a car seat or booster seat. Child passenger safe-
ty can be strengthened by requiring young children to sit in the rear
seat. Furthermore, this bill allows flexibility for large families
and/or parents who may be transporting other children.

 
LEGISLATIVE HISTORY:

S.2163A (2017-18): Referred to Transportation
S.7781 (2016): Referred to Transportation
S.4773 (2011-12): Referred to Transportation
S.2238-A (2009-10): Referred to Transportation
S.281-A (2007-08):  Referred to Transportation
S.3908-A (2005-06): Referred to Transportation
S.6910 (2004): Referred to Transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding 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 warn-
ing but shall not be issued an appearance ticket and shall not be liable
for a fine.

2019-S1421 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1421
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  SERINO -- 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  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
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07313-01-9

 S. 1421                             2
 
 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
 AGE 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
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.