Bill Text: NY S01421 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases; makes limited exceptions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-14 - REFERRED TO TRANSPORTATION [S01421 Detail]

Download: New_York-2019-S01421-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1421
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
          children  under  the  age  of  eight from riding as a passenger in the
          front seat of a motor vehicle except under limited circumstances
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2, 5, 6 and 7 of section 1229-c of the vehicle
     2  and  traffic  law, subdivision 2 as amended by chapter 18 of the laws of
     3  2005, paragraph (c) of subdivision 2 and subdivision  6  as  amended  by
     4  chapter 405 of the laws of 2009, subdivision 5 as amended by chapter 340
     5  of  the  laws  of 2017, and subdivision 7 as added by chapter 365 of the
     6  laws of 1984, are amended to read as follows:
     7    2. No person shall operate a  motor  vehicle  unless  all  front  seat
     8  passengers (a) under the age of sixteen are restrained by a safety belt;
     9  or  (b)  if they are under the age of four, by a specially designed seat
    10  which is either permanently affixed or affixed  to  such  vehicle  by  a
    11  safety  belt  as  required by subdivision one of this section, or in the
    12  event that the weight of such passenger under the age  of  four  exceeds
    13  forty  pounds,  such  passenger  may be restrained (i) in an appropriate
    14  child restraint system as defined in subdivision four  of  this  section
    15  used with combination lap safety and shoulder harness belts or (ii) by a
    16  lap  safety belt in the event such vehicle is not equipped with combina-
    17  tion lap safety and shoulder harness belts or all  the  combination  lap
    18  safety  and  shoulder  harness belts are being used to properly restrain
    19  other passengers who are under the age of sixteen; or (c)  if  they  are
    20  age  four  or older but under age eight, (i) are restrained in an appro-
    21  priate child restraint system as defined in  subdivision  four  of  this
    22  section  used  with combination lap safety and shoulder harness belts or
    23  (ii) are restrained in a lap safety belt in the event  such  vehicle  is
    24  not  equipped  with combination lap safety and shoulder harness belts or
    25  all the combination lap safety and shoulder harness belts are being used
    26  to properly restrain other passengers who are under the age of  sixteen.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07313-01-9

        S. 1421                             2
     1  Nothing  contained  in this subdivision shall be deemed to supersede the
     2  requirements of subdivision two-a of this section.
     3    5.  Any  person  who  violates  the  provisions  of subdivision three,
     4  three-c or ten-a of this section shall be punished by a civil fine of up
     5  to fifty dollars. Any person who violates the provisions of  subdivision
     6  one, two, two-a, eleven or thirteen of this section shall be punished by
     7  a  civil  fine  of  not  less than twenty-five nor more than one hundred
     8  dollars. In any prosecution or proceeding alleging a violation of  para-
     9  graph (b) of subdivision one or paragraph (c) of subdivision two of this
    10  section,  it  shall be an affirmative defense that the passenger subject
    11  to the requirements of such paragraphs was restrained by a  safety  belt
    12  and  measures  more  than  four feet nine inches in height and/or weighs
    13  more than one hundred pounds. In any prosecution or proceeding  alleging
    14  a  violation of paragraph (b) of subdivision three-c of this section, it
    15  shall be an  affirmative  defense  that  such  taxi  or  livery  was  in
    16  violation of subdivision four-b of section three hundred eighty-three of
    17  this chapter.
    18    6.  The court shall waive any fine for which a person who violates the
    19  provisions of this section would be liable with  respect  to  passengers
    20  under  the  age  of  eight  if such person supplies the court with proof
    21  that, between the date on which he is charged with having violated  this
    22  section  and  the  appearance  date  for such violation, he purchased or
    23  rented a child restraint system which meets the requirements of subdivi-
    24  sion one of this section. Provided, however, that such  waiver  of  fine
    25  shall not apply to a second or subsequent conviction under this section,
    26  nor a violation of subdivision two-a of this section.
    27    7.  The  provisions  of this section shall not apply to a passenger or
    28  operator with a physically disabling condition whose physical disability
    29  would prevent appropriate restraint in such safety seat or safety  belt,
    30  or to a passenger under the age of eight whose physical condition neces-
    31  sitates  that  such passenger be seated in the front seat for medical or
    32  safety reasons, provided, however, that such condition is duly certified
    33  by a physician who shall state the nature of the  [handicap]  disability
    34  or  condition,  as  well  as  the  reason such restraint is or rear seat
    35  placement is inappropriate.
    36    § 2. Section 1229-c of the vehicle  and  traffic  law  is  amended  by
    37  adding a new subdivision 2-a to read as follows:
    38    2-a. No person shall operate a motor vehicle with any passengers under
    39  the  age  of  eight seated in the front seat of such vehicle.  Provided,
    40  however, that such prohibition shall not apply if: (a) such motor  vehi-
    41  cle  is not equipped with rear seats; or (b) the rear seat cannot accom-
    42  modate the proper installation of the child safety seat or booster  seat
    43  in  which  such  passenger  is  being  transported, as determined by the
    44  commissioner, or vehicle manufacturer, or child safety seat  or  booster
    45  seat manufacturer; or (c) all other seat positions are occupied by other
    46  occupants  who  are  under the age of eight; or (d) such passenger under
    47  age eight is exempt pursuant to the provisions of subdivision  seven  of
    48  this section.
    49    §  3. This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become  a  law;  provided  that  any
    51  person  who violates the provisions of subdivision 2-a of section 1229-c
    52  of the vehicle and traffic law, as added by  section  two  of  this  act
    53  within the twelve months following such effective date, shall be subject
    54  to  a warning but shall not be issued an appearance ticket and shall not
    55  be liable for a fine.
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