Bill Text: NY A02740 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to child safety seat and seat belt requirements; requires that safety seats be secured according to the vehicle's manual or child restraint system manufacturer's instructions and requires that all back seat passengers use a seat belt.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A02740 Detail]
Download: New_York-2011-A02740-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2740 2011-2012 Regular Sessions I N A S S E M B L Y January 20, 2011 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to safety seat and seat belt requirements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 1 of section 1229-c of the 2 vehicle and traffic law, as amended by chapter 18 of the laws of 2005, 3 is amended to read as follows: 4 (a) all back seat passengers of such vehicle under the age of four are 5 restrained in a specially designed seat which meets the Federal Motor 6 Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is 7 either permanently affixed or is affixed to such vehicle by a safety 8 belt, or [in] WHICH IS SECURED ACCORDING TO THE VEHICLE'S MANUAL OR 9 CHILD RESTRAINT SYSTEM MANUFACTURER'S INSTRUCTIONS. IN the event that 10 the weight of such passenger under the age of four exceeds forty pounds, 11 such passenger [may] MUST be PROPERLY restrained [(i)] in an appropriate 12 child restraint system as defined in subdivision four of this section 13 [used with combination lap safety and shoulder harness belts or (ii) by 14 a lap safety belt in the event such vehicle is not equipped with combi- 15 nation lap safety and shoulder harness belts or all the combination lap 16 safety and shoulder harness belts are being used to properly restrain 17 other passengers who are under the age of sixteen] AND WHICH IS SECURED 18 ACCORDING TO THE VEHICLE'S MANUAL OR CHILD RESTRAINT SYSTEM MANUFACTUR- 19 ER'S INSTRUCTIONS; 20 S 2. Paragraph (b) of subdivision 1 of section 1229-c of the vehicle 21 and traffic law, as amended by chapter 405 of the laws of 2009, is 22 amended to read as follows: 23 (b) all back seat passengers of such vehicle who are age four or older 24 but under age eight [(i)] are PROPERLY restrained in an appropriate 25 child restraint system as defined in subdivision four of this section EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07691-01-1 A. 2740 2 1 [used with combination lap and shoulder harness belts or (ii) are 2 restrained in a lap safety belt in the event such vehicle is not 3 equipped with combination lap safety and shoulder harness belts or all 4 the combination lap safety and shoulder harness belts are being used to 5 properly restrain other passengers who are under the age of sixteen] AND 6 WHICH IS SECURED ACCORDING TO THE VEHICLE MANUAL'S OR CHILD RESTRAINT 7 SYSTEM MANUFACTURER'S INSTRUCTIONS; or 8 S 3. Paragraph (c) of subdivision 1 of section 1229-c of the vehicle 9 and traffic law, as amended by chapter 18 of the laws of 2005, is 10 amended to read as follows: 11 (c) in the case of any other back seat passenger [under the age of 12 sixteen], he or she is restrained by a safety belt approved by the 13 commissioner. 14 S 4. Paragraph (b) of subdivision 2 of section 1229-c of the vehicle 15 and traffic law, as amended by chapter 18 of the laws of 2005, is 16 amended to read as follows: 17 (b) if they are under the age of four, by a specially designed seat 18 which is either permanently affixed or affixed to such vehicle by a 19 safety belt as required by subdivision one of this section[, or in]. IN 20 the event that the weight of such passenger under the age of four 21 exceeds forty pounds, such passenger [may] MUST be PROPERLY restrained 22 [(i)] in an appropriate child restraint system as defined in subdivision 23 four of this section [used with combination lap safety and shoulder 24 harness belts or (ii) by a lap safety belt in the event such vehicle is 25 not equipped with combination lap safety and shoulder harness belts or 26 all the combination lap safety and shoulder harness belts are being used 27 to properly restrain other passengers who are under the age of sixteen] 28 AND WHICH IS SECURED ACCORDING TO THE VEHICLE'S MANUAL OR CHILD 29 RESTRAINT SYSTEM MANUFACTURER'S INSTRUCTIONS; or 30 S 5. Paragraph (c) of subdivision 2 of section 1229-c of the vehicle 31 and traffic law, as amended by chapter 405 of the laws of 2009, is 32 amended to read as follows: 33 (c) if they are age four or older but under age eight, [(i) are] SUCH 34 PASSENGERS MUST BE PROPERLY restrained in an appropriate child restraint 35 system as defined in subdivision four of this section [used with combi- 36 nation lap safety and shoulder harness belts or (ii) are restrained in a 37 lap safety belt in the event such vehicle is not equipped with combina- 38 tion lap safety and shoulder harness belts or all the combination lap 39 safety and shoulder harness belts are being used to properly restrain 40 other passengers who are under the age of sixteen] AND WHICH IS SECURED 41 ACCORDING TO THE VEHICLE'S MANUAL OR CHILD RESTRAINT SYSTEM MANUFACTUR- 42 ER'S INSTRUCTIONS. 43 S 6. Subdivision 13 of section 1229-c of the vehicle and traffic law, 44 as amended by chapter 20 of the laws of 2008, is amended to read as 45 follows: 46 13. Notwithstanding the provisions of subdivision four of this 47 section, no person shall operate a school bus for which there are no 48 applicable federal school bus safety standards unless all occupants are 49 restrained by a safety belt approved by the commissioner or, regarding 50 occupants age four or older but under age [seven] EIGHT, are restrained 51 pursuant to subdivision one or two of this section. 52 S 7. This act shall take effect on the first of November next succeed- 53 ing the date on which it shall have become a law.