Bill Text: NY A07033 | 2017-2018 | General Assembly | Introduced

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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 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A07033 Detail]

Download: New_York-2017-A07033-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7033
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 29, 2017
                                       ___________
        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    § 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.
                                                                   LBD02035-01-7
        A. 7033                             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    §  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    §  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    § 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    §  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    § 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.