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This entry was published on 2021-01-08
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SECTION 383
Safety belts and anchorage assemblies
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 9
§ 383. Safety belts and anchorage assemblies. 1. Safety belts
required. No motor vehicle shall be sold or registered in this state
and no motor vehicle registered in this state shall be operated in this
state unless such vehicle is equipped with safety belts approved by and
conforming to standards established by the commissioner as follows:

(a) A motor vehicle manufactured or assembled after June thirtieth,
nineteen hundred sixty-four and designated as a 1965 or later model, at
least two safety belts for the front seat;

(b) A motor vehicle manufactured or assembled after June thirtieth,
nineteen hundred sixty-six and designated as a 1967 or later model, at
least one safety belt for the rear seat for each passenger for which the
rear seat of such vehicle was designed;

* (c) A motor vehicle manufactured or assembled on or after January
first, nineteen hundred sixty-eight, at least one safety belt for each
passenger seat position;

* NB Repealed upon notification that any federal agency determines in
writing that chapter 10 of 2020 would render New York state ineligible
for the receipt of federal funds or any court of competent jurisdiction
finally determines that said chapter would render New York state out of
compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* (c) A motor vehicle manufactured or assembled on or after January
first, nineteen hundred sixty-eight, at least one safety belt for each
passenger seat position.

* NB Effective upon repeal (see chapter 10 of 2020 § 6)

* (d) An altered motor vehicle commonly referred to as a "stretch
limousine" which was altered on or after January first, two thousand
twenty-one, at least two safety belts for the front seat, and at least
one safety belt for the rear seat for each passenger for which the rear
seat of such vehicle was designed, and at least one safety belt for each
passenger seat position.

* NB Repealed upon notification that any federal agency determines in
writing that chapter 10 of 2020 would render New York state ineligible
for the receipt of federal funds or any court of competent jurisdiction
finally determines that said chapter would render New York state out of
compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* 1-a. No altered motor vehicle commonly referred to as a "stretch
limousine" which was altered prior to January first, two thousand
twenty-one shall be sold or registered in this state and no such altered
motor vehicle altered prior to January first, two thousand twenty-one
registered in this state shall be operated in this state unless such
vehicle is retrofitted and equipped with safety belts approved by and
conforming to standards established by the commissioner as follows: at
least two safety belts for the front seat, and at least one safety belt
for the rear seat for each passenger for which the rear seat of such
vehicle was designed, and at least one safety belt for each passenger
seat position.

* NB Effective February 3, 2022; Repealed upon notification that any
federal agency determines in writing that chapter 10 of 2020 would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that said chapter
would render New York state out of compliance with federal law or
regulation (see chapter 10 of 2020 § 6)

2. Anchorage assemblies. No motor vehicle shall be sold or registered
in this state unless such motor vehicle is equipped with safety belt
assembly anchorages conforming to standards established by the
commissioner for each safety belt required in such motor vehicle. In
addition, no motor vehicle manufactured or assembled after June
thirtieth, nineteen hundred sixty-two shall be sold or registered in
this state unless such motor vehicle is equipped with safety belt
assembly anchorages conforming to standards established by the
commissioner for two safety belts for the front seat of such vehicle.

3. Sale of safety belts. No safety belt shall be sold for use in a
motor vehicle, or installed in a motor vehicle unless such safety belt
is approved by, and conforms to standards established by the
commissioner.

4. Safety belts required in certain used motor vehicles. No person,
firm, association or corporation engaged in the business of selling or
leasing used motor vehicles, shall sell or lease any used motor vehicle
manufactured or assembled after June thirtieth, nineteen hundred
sixty-two and designated as a 1963 or subsequent year model unless such
motor vehicle is equipped with two safety belts for the front seat of
such motor vehicle. This provision shall not apply to motor vehicles
sold at wholesale or for junk.

4-a. Driver seat safety belts for certain motor vehicles.
Notwithstanding any other provisions of this chapter, it shall be
unlawful for the owner of a bus as defined in section one hundred four
of this chapter and manufactured on or after January first, nineteen
hundred sixty-five or a motor vehicle used for the purpose of
transporting children to and from public or private schools to permit
such vehicle to be used for such purpose unless the driver's seat on
such vehicle is equipped with a seat safety belt of a type and
specifications as approved by the commissioner of motor vehicles. Any
owner who permits a motor vehicle to be operated without such safety
belt or any person who operates a motor vehicle and fails to use such
safety belt shall be in violation of the provisions of this subdivision
and shall be guilty of an infraction, punishable by a fine not exceeding
fifty dollars.

* 4-b. Taxicabs, liveries, and stretch limousines. All seat safety
belts installed in a taxicab or livery vehicle or in an altered motor
vehicle commonly referred to as a "stretch limousine" pursuant to this
section shall be clearly visible, accessible and maintained in good
working order, and no seat safety belt installed in such taxicab or
livery vehicle or altered motor vehicle shall be removed therefrom.

* NB Repealed upon notification that any federal agency determines in
writing that chapter 10 of 2020 would render New York state ineligible
for the receipt of federal funds or any court of competent jurisdiction
finally determines that said chapter would render New York state out of
compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* 4-b. Taxicabs and liveries. All seat safety belts installed in a
taxicab or livery vehicle pursuant to this section shall be clearly
visible, accessible and maintained in good working order, and no seat
safety belt installed in such taxicab or livery vehicle shall be removed
therefrom.

* NB Effective upon repeal (see chapter 10 of 2020 § 6)

5. (a) Passenger seat safety belts for school buses. Every school bus,
as defined in section one hundred forty-two of this chapter,
manufactured for use in this state on and after July first, nineteen
hundred eighty-seven, shall be designed so that all passenger seats on
such vehicle are equipped with seat safety belts and increased seat back
padding on passenger seats of a type and specification as approved by
the commissioner of transportation through the adoption of rules and
regulations. Such rules and regulations shall provide that when any
contactable surface of the school bus, as specified in the Federal Motor
Vehicle Safety Standard, 49 CFR Section 571.222, is impacted from any
direction at twenty-two feet per second by the head form, the axial
acceleration at the center of gravity of the head form shall be such
that the head form impact requirement shall not exceed eight hundred.

(b) Passenger seat safety belts for existing school buses. Any school
bus as defined in section one hundred forty-two of this chapter, which
is scheduled for retrofitting pursuant to action by a board of education
or board of trustees under section thirty-six hundred thirty-five-a of
the education law shall be retrofitted so that all passenger seats on
such vehicles are equipped with seat safety belts and additional padding
of a type and specification as approved by the commissioner of
transportation through the adoption of rules and regulations. Such rules
and regulations shall provide that when any contactable surface of the
school bus as specified in the Federal Motor Vehicle Safety Standard,
49CFR Section 571.222 is impacted from any direction at twenty-two feet
per second by the head form, the axial acceleration at the center of
gravity of the head form shall be such that the head form impact
requirement shall not exceed eight hundred. Furthermore, the
commissioner shall have the power through rules and regulations to
exempt certain design school buses from retrofitting. In granting such
exemptions, the commissioner shall consider safety factors, structural
integrity of the school buses and any other items deemed necessary to
preserve the safety and welfare of the school bus passengers. Provided
further however that the commissioner of transportation shall not
authorize retrofitting of any school bus manufactured prior to April
first, nineteen hundred seventy-seven.

6. Regulations. The Commissioner shall establish by regulation
standards for safety belts, safety belt anchorage assemblies, and the
installation of safety belts in motor vehicles. The commissioner may
also by regulation exclude certain motor vehicles or types of motor
vehicles from the requirements of this section. The commissioner may
prescribe the method of securing approval of safety belts.