Bill Text: NY A03204 | 2011-2012 | General Assembly | Introduced
Bill Title: Prohibits a person from operating a taxi or livery unless restrained by a safety belt; further requires that no person sixteen years of age or over shall be a passenger in the front seat of a taxi or livery unless restrained by a safety belt; requires the commissioner to approve such safety belts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-05-01 - reported referred to codes [A03204 Detail]
Download: New_York-2011-A03204-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3204
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the use of
safety belts in taxicabs and liveries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 5 and 9 of section 1229-c of the vehicle and
2 traffic law, subdivision 5 as amended by chapter 241 of the laws of 2007
3 and subdivision 9 as amended by chapter 390 of the laws of 1996, are
4 amended to read as follows:
5 5. Any person who violates the provisions of subdivision three OR
6 THREE-C of this section shall be punished by a civil fine of up to fifty
7 dollars. Any person who violates the provisions of subdivision one, two,
8 eleven or thirteen of this section shall be punished by a civil fine of
9 not less than twenty-five nor more than one hundred dollars. In any
10 prosecution or proceeding alleging a violation of paragraph (b) of
11 subdivision one or paragraph (c) of subdivision two of this section, it
12 shall be an affirmative defense that the passenger subject to the
13 requirements of such paragraphs was restrained by a safety belt and
14 measures more than four feet nine inches in height and/or weighs more
15 than one hundred pounds. IN ANY PROSECUTION OR PROCEEDING ALLEGING A
16 VIOLATION OF PARAGRAPH (B) OF SUBDIVISION THREE-C OF THIS SECTION, IT
17 SHALL BE AN AFFIRMATIVE DEFENSE THAT SUCH TAXI OR LIVERY WAS IN
18 VIOLATION OF SUBDIVISION FOUR-B OF SECTION THREE HUNDRED EIGHTY-THREE OF
19 THIS CHAPTER.
20 9. Notwithstanding the provisions of subdivision four OF THIS SECTION,
21 THE PROVISIONS OF this section shall not apply to [taxis, liveries, and]
22 buses other than school buses AND THE PROVISIONS OF SUBDIVISIONS ONE,
23 TWO, THREE AND THREE-A OF THIS SECTION SHALL NOT APPLY TO TAXIES AND
24 LIVERIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03064-01-1
A. 3204 2
1 S 2. Subdivision 3-a of section 1229-c of the vehicle and traffic law,
2 as added by chapter 546 of the laws of 2002, is renumbered subdivision
3 3-b and a new subdivision 3-c is added to read as follows:
4 3-C. (A) NO PERSON SHALL OPERATE A TAXI OR LIVERY UNLESS SUCH PERSON
5 IS RESTRAINED BY A SAFETY BELT APPROVED BY THE COMMISSIONER.
6 (B) NO PERSON SIXTEEN YEARS OF AGE OR OVER SHALL BE A PASSENGER IN THE
7 FRONT SEAT OF A TAXI OR LIVERY UNLESS SUCH PERSON IS RESTRAINED BY A
8 SAFETY BELT APPROVED BY THE COMMISSIONER.
9 S 3. This act shall take effect on the one hundred twentieth day after
10 it shall have become a law, provided, however, that effective immediate-
11 ly, the addition, amendment and/or repeal of any rule or regulation
12 necessary for the implementation of this act on its effective date are
13 authorized and directed to be made and completed on or before such
14 effective date.
