Bill Text: NY A02449 | 2015-2016 | General Assembly | Amended


Bill Title: Provides that no person sixteen years of age or over shall be a passenger in a motor vehicle, including taxicabs, liveries and other for hire vehicles, unless such person is restrained by a safety belt approved by the commissioner of motor vehicles.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A02449 Detail]

Download: New_York-2015-A02449-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2449--B
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced  by  M.  of A. MOSLEY, JAFFEE, SCHIMEL, HOOPER -- Multi-Spon-
         sored by -- M. of A. BLAKE, PERRY -- read once  and  referred  to  the
         Committee  on Transportation -- reported and referred to the Committee
         on Codes -- committee discharged, bill amended, ordered  reprinted  as
         amended  and recommitted to said committee -- again reported from said
         committee with amendments, ordered reprinted as amended and  recommit-
         ted to said committee
       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:
    1    Section  1.  Subdivisions  3, 5 and 9 of section 1229-c of the vehicle
    2  and traffic law, subdivision 3 as added by chapter 365 of  the  laws  of
    3  1984,  subdivision  5  as amended by chapter 241 of the laws of 2007 and
    4  subdivision 9 as amended by chapter 390 of the laws of 1996, are amended
    5  to read as follows:
    6    3. No person  shall  operate  a  motor  vehicle,  INCLUDING  TAXICABS,
    7  LIVERIES  AND OTHER FOR HIRE VEHICLES,  unless such person is restrained
    8  by a safety belt approved by the commissioner. No person  sixteen  years
    9  of age or over shall be a passenger in [the front seat of] a motor vehi-
   10  cle,  INCLUDING  TAXICABS,  LIVERIES AND OTHER FOR HIRE VEHICLES, unless
   11  such person is restrained by a safety belt approved by the commissioner.
   12    5. Any person who violates the provisions of subdivision three of this
   13  section shall be punished by a civil fine of up to  fifty  dollars.    A
   14  POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF SUBDIVISION
   15  THREE  OF  THIS  SECTION BY A PERSON LESS THAN EIGHTEEN YEARS OLD TO THE
   16  PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON OCCURS
   17  IN THE PRESENCE OF SUCH PERSON'S  PARENT  OR  GUARDIAN  AND  WHERE  SUCH
   18  PARENT  OR GUARDIAN IS EIGHTEEN YEARS OF AGE OF OLDER. NO PERSON OPERAT-
   19  ING A TAXICAB OR FOR HIRE VEHICLE SHALL BE SUBJECT TO A CIVIL  FINE  FOR
   20  THE  FAILURE OF A PASSENGER TO COMPLY WITH THE PROVISIONS OF SUBDIVISION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05942-05-5
       A. 2449--B                          2
    1  THREE OF THIS SECTION. Any person who violates the provisions of  subdi-
    2  vision one, two, eleven or thirteen of this section shall be punished by
    3  a  civil  fine  of  not  less than twenty-five nor more than one hundred
    4  dollars.  In any prosecution or proceeding alleging a violation of para-
    5  graph (b) of subdivision one or paragraph (c) of subdivision two of this
    6  section, it shall be an affirmative defense that the  passenger  subject
    7  to  the  requirements of such paragraphs was restrained by a safety belt
    8  and measures more than four feet nine inches  in  height  and/or  weighs
    9  more than one hundred pounds.
   10    9.  Notwithstanding  the  provisions of subdivision four AND EXCEPT AS
   11  PROVIDED FOR IN SUBDIVISIONS THREE AND  FIVE,  this  section  shall  not
   12  apply to taxis, liveries, and buses other than school buses.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing the date on which it shall have become a law.
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