Bill Text: NY S04773 | 2011-2012 | 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 - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S04773 Detail]
Download: New_York-2011-S04773-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4773
2011-2012 Regular Sessions
I N S E N A T E
April 20, 2011
___________
Introduced by Sen. ALESI -- 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 241
5 of the laws of 2007, subdivision 7 as added by chapter 365 of the laws
6 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09933-01-1
S. 4773 2
1 all the combination lap safety and shoulder harness belts are being used
2 to properly restrain other passengers who are under the age of sixteen.
3 NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO SUPERSEDE THE
4 REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION.
5 5. Any person who violates the provisions of subdivision three of this
6 section shall be punished by a civil fine of up to fifty dollars. Any
7 person who violates the provisions of subdivision one, two, TWO-A, elev-
8 en or thirteen of this section shall be punished by a civil fine of not
9 less than twenty-five nor more than one hundred dollars. In any prose-
10 cution or proceeding alleging a violation of paragraph (b) of subdivi-
11 sion one or paragraph (c) of subdivision two of this section, it shall
12 be an affirmative defense that the passenger subject to the requirements
13 of such paragraphs was restrained by a safety belt and measures more
14 than four feet nine inches in height and/or weighs more than one hundred
15 pounds.
16 6. The court shall waive any fine for which a person who violates the
17 provisions of this section would be liable with respect to passengers
18 under the age of eight if such person supplies the court with proof
19 that, between the date on which he is charged with having violated this
20 section and the appearance date for such violation, he purchased or
21 rented a child restraint system which meets the requirements of subdivi-
22 sion one of this section. Provided, however, that such waiver of fine
23 shall not apply to a second or subsequent conviction under this section,
24 NOR A VIOLATION OF SUBDIVISION TWO-A OF THIS SECTION.
25 7. The provisions of this section shall not apply to a passenger or
26 operator with a physically disabling condition whose physical disability
27 would prevent appropriate restraint in such safety seat or safety belt,
28 OR TO A PASSENGER UNDER THE AGE OF EIGHT WHOSE PHYSICAL CONDITION NECES-
29 SITATES THAT SUCH PASSENGER BE SEATED IN THE FRONT SEAT FOR MEDICAL OR
30 SAFETY REASONS, provided, however, THAT such condition is duly certified
31 by a physician who shall state the nature of the [handicap] DISABILITY
32 OR CONDITION, as well as the reason such restraint is OR REAR SEAT
33 PLACEMENT IS inappropriate.
34 S 2. Section 1229-c of the vehicle and traffic law is amended by
35 adding a new subdivision 2-a to read as follows:
36 2-A. NO PERSON SHALL OPERATE A MOTOR VEHICLE WITH ANY PASSENGERS UNDER
37 THE AGE OF EIGHT SEATED IN THE FRONT SEAT OF SUCH VEHICLE. PROVIDED,
38 HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY IF: (A) SUCH MOTOR VEHI-
39 CLE IS NOT EQUIPPED WITH REAR SEATS; OR (B) THE REAR SEAT CANNOT ACCOM-
40 MODATE THE PROPER INSTALLATION OF THE CHILD SAFETY SEAT OR BOOSTER SEAT
41 IN WHICH SUCH PASSENGER IS BEING TRANSPORTED, AS DETERMINED BY THE
42 COMMISSIONER, OR VEHICLE MANUFACTURER, OR CHILD SAFETY SEAT OR BOOSTER
43 SEAT MANUFACTURER; OR (C) ALL OTHER SEAT POSITIONS ARE OCCUPIED BY OTHER
44 OCCUPANTS; OR (D) SUCH PASSENGER UNDER AGE EIGHT IS EXEMPT PURSUANT TO
45 THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION.
46 S 3. This act shall take effect on the first of January next succeed-
47 ing the date on which it shall have become a law; provided that any
48 person who violates the provisions of subdivision 2-a of section 1229-c
49 of the vehicle and traffic law, as added by section two of this act
50 within the twelve months following such effective date, shall be subject
51 to a warning but shall not be issued an appearance ticket and shall not
52 be liable for a fine.
