Assembly Bill A5915

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5915
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law and the transportation  law,
   in relation to establishing mandatory safety belt use, pre-trip safety
   briefings,  and regular safety belt inspections for commercial passen-
   ger vehicles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "comprehensive passenger safety enhancement act".
   § 2. Legislative purpose. The legislature finds that  enhanced  safety
 measures  for passengers in commercially operated vehicles are essential
 to reduce injuries and fatalities.  In  alignment  with  recommendations
 from the National Transportation Safety Board (NTSB) following the fatal
 2023 bus and truck collision in Louisville, NY, this act aims to improve
 passenger  safety by mandating seat belt use, conducting pre-trip safety
 briefings, requiring regular inspections, and enforcing stricter compli-
 ance measures.
   § 3. Section 1229-c of the vehicle  and  traffic  law  is  amended  by
 adding a new subdivision 3-e to read as follows:
   3-E. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE-D OF THIS
 SECTION,  NO  PERSON  SHALL  OPERATE  A COMMERCIAL VEHICLE IN THIS STATE
 UNLESS:
   (I) SUCH PERSON IS RESTRAINED BY A SAFETY BELT APPROVED BY THE COMMIS-
 SIONER, AND ALL PASSENGERS ARE RESTRAINED BY A SAFETY BELT  APPROVED  BY
 THE COMMISSIONER;
   (II)  SUCH  PERSON CONDUCTS REGULAR INSPECTIONS OF ALL SAFETY BELTS IN
 SUCH COMMERCIAL VEHICLE TO ENSURE THE FUNCTIONALITY, ACCESSIBILITY,  AND
 PROPER  MAINTENANCE  OF  SUCH  SAFETY  BELTS. SUCH PERSON SHALL MAINTAIN
 RECORDS OF ALL  SAFETY  BELT  INSPECTIONS  CONDUCTED  PURSUANT  TO  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09604-01-5
 A. 5915                             2
              

 
 SUBPARAGRAPH  AND  MAKE SUCH RECORDS AVAILABLE FOR REVIEW BY THE DEPART-
 MENT AND THE DEPARTMENT OF TRANSPORTATION;
   (III)  SUCH  PERSON,  PRIOR  TO  OPERATING  SUCH  COMMERCIAL  VEHICLE,
 CONDUCTS SAFETY BRIEFINGS TO INFORM  PASSENGERS  OF  THE  IMPORTANCE  OF
 WEARING  SAFETY  BELTS, PROPER USE OF SAFETY BELTS, AND RISKS ASSOCIATED
 WITH NOT WEARING SAFETY BELTS.
   (B) NO PERSON SHALL BE A PASSENGER IN A COMMERCIAL VEHICLE UNLESS SUCH
 PASSENGER IS RESTRAINED BY A SAFETY BELT APPROVED BY THE COMMISSIONER.
   § 4. Paragraphs (d) and (e) of subdivision 4 of section 1229-c of  the
 vehicle  and  traffic  law, as added by chapter 434 of the laws of 2024,
 are amended and two new subdivisions (f) and (g) are added  to  read  as
 follows:
   (d)  "charter  bus"  shall  mean a bus manufactured or assembled on or
 after November twenty-eighth, two thousand sixteen transporting  passen-
 gers for compensation in a chartered party; [and]
   (e) "chartered party" shall mean a group of persons who, pursuant to a
 common  purpose  and under a single contract and at a fixed charge, have
 acquired exclusive use of a bus to travel  together  as  a  group  to  a
 specific destination or for a particular itinerary either agreed upon in
 advance  or  modified  after  having  left  the  place of origin by such
 group[.];
   (F) "COMMERCIAL VEHICLE" SHALL MEAN ANY VEHICLE USED TO TRANSPORT MORE
 THAN EIGHT PASSENGERS, INCLUDING THE DRIVER, WHETHER OR NOT FOR  COMPEN-
 SATION, AND SHALL INCLUDE CHARTER BUSES; AND
   (G)  "SAFETY  BELT" SHALL MEAN ANY RESTRAINT SYSTEM DESIGNED TO SECURE
 AN OCCUPANT OF A VEHICLE AND REDUCE THE RISK OF INJURY TO SUCH  OCCUPANT
 IN THE EVENT OF A COLLISION.
   § 5. Subdivisions 5 and 9 of section 1229-c of the vehicle and traffic
 law,  as  amended by chapter 434 of the laws of 2024, is amended to read
 as follows:
   5. Any person  who  violates  the  provisions  of  subdivision  three,
 three-c,  three-d, THREE-E 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, 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-
 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.  In any prosecution or
 proceeding alleging a violation of paragraph (b)  or  paragraph  (c)  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. In any prosecution
 or proceeding alleging  a  violation  of  subdivision  three-d  of  this
 section,  it  shall  be an affirmative defense that such charter bus was
 not equipped with seat belts, or such seat belts were not clearly  visi-
 ble, accessible, or maintained in good working order.
   9. Notwithstanding the provisions of subdivision four of this section,
 (a)  the  provisions of this section shall not apply to buses other than
 school buses, except as otherwise provided in [subdivision] SUBDIVISIONS
 three-d AND THREE-E of this section and except that  the  provisions  of
 subdivision  three-a  of  this section shall be applicable to any person
 operating a charter bus and to  charter  bus  passengers  age  eight  or
 older,  and  (b)  the  provisions  of  subdivisions  one, two, three and
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 three-a of this section shall not apply to  taxis  and  liveries  except
 that  the  provisions  of  subdivision  three-a of this section shall be
 applicable to any person operating a taxi or  livery  and  to  taxi  and
 livery passengers age eight or older.
   §  6.  Section 14 of the transportation law is amended by adding a new
 subdivision 37 to read as follows:
   37. TO DEVELOP AND DISTRIBUTE, IN  COLLABORATION  WITH  TRANSPORTATION
 UNIONS  AND ASSOCIATIONS, EDUCATIONAL MATERIALS TO PROMOTE SEAT BELT USE
 AND SAFE SEAT BELT PRACTICES.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that if  chapter  434  of
 the laws of 2024 shall not have taken effect on or before such date then
 sections  four  and  five of this act shall take effect on the same date
 and in the same manner as such  chapter  of  the  laws  of  2024,  takes
 effect.  Effective immediately, the addition, amendment and/or repeal of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.