Bill Text: NY A05400 | 2013-2014 | General Assembly | Amended
Bill Title: Requires the use of seatbelts by volunteer firefighters and volunteer ambulance service workers; provides exception for vehicles which do not have restraint systems provided by the manufacturer or to volunteer firefighters not seated within the confines of the vehicle or emergency medical personnel providing patient care in the rear compartment of an ambulance.
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Engrossed - Dead) 2014-06-16 - REFERRED TO RULES [A05400 Detail]
Download: New_York-2013-A05400-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5400--B 2013-2014 Regular Sessions I N A S S E M B L Y February 25, 2013 ___________ Introduced by M. of A. THIELE, GUNTHER, JAFFEE, ABINANTI, BRINDISI, GALEF, PAULIN, STIRPE, FAHY -- Multi-Sponsored by -- M. of A. GOODELL, LIFTON, MAGEE, McDONALD, MILLER, SKARTADOS, WEISENBERG -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to the use of seatbelts by volunteer firefighters 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 4 of section 1229-c of the 2 vehicle and traffic law, as separately amended by chapters 232 and 509 3 of the laws of 2004, is amended to read as follows: 4 (a) "motor vehicle" shall include all motor vehicles which are 5 required by section three hundred eighty-three of this chapter or regu- 6 lation or would be required if such motor vehicle were registered in New 7 York state to be equipped by a safety belt but shall not include those 8 vehicles which are used as school buses, as such term is defined in 9 section one hundred forty-two of this chapter and those vehicles which 10 are authorized emergency vehicles, as such term is defined in section 11 one hundred one of this chapter, PROVIDED, HOWEVER, THAT FOR PURPOSES OF 12 THIS SECTION, "MOTOR VEHICLE" SHALL ALSO INCLUDE FIRE VEHICLES OWNED 13 AND/OR OPERATED BY A FIRE COMPANY AS DEFINED BY SUBDIVISION TWO OF 14 SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW AND AMBULANCES OWNED 15 AND/OR OPERATED BY A VOLUNTARY AMBULANCE SERVICE AS DEFINED BY SUBDIVI- 16 SION THREE OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08936-06-4 A. 5400--B 2 1 S 2. Subdivision 3-a of section 1229-c of the vehicle and traffic law, 2 as amended by chapter 403 of the laws of 2009, is renumbered subdivision 3 3-b. 4 S 3. Section 1229-c of the vehicle and traffic law is amended by 5 adding a new subdivision 10-a to read as follows: 6 10-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS 7 SECTION, NO PERSON SIXTEEN YEARS OF AGE OR OVER SHALL BE A PASSENGER IN 8 THE REAR SEAT OF A FIRE VEHICLE OWNED AND/OR OPERATED BY A FIRE COMPANY 9 AS DEFINED BY SUBDIVISION TWO OF SECTION ONE HUNDRED OF THE GENERAL 10 MUNICIPAL LAW OR IN THE REAR SEAT OF AN AMBULANCE OWNED AND/OR OPERATED 11 BY A VOLUNTARY AMBULANCE SERVICE AS DEFINED BY SUBDIVISION THREE OF 12 SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW UNLESS SUCH PERSON IS 13 RESTRAINED BY A SAFETY BELT APPROVED BY THE COMMISSIONER. PROVIDED, 14 HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY: (A) TO 15 A PASSENGER IN THE REAR SEAT OF SUCH FIRE VEHICLE OR AMBULANCE IF SUCH 16 SEAT IS NOT REQUIRED TO BE EQUIPPED WITH SAFETY BELTS PURSUANT TO THE 17 PROVISIONS OF SECTION THREE HUNDRED EIGHTY-THREE OF THIS CHAPTER, NOR 18 (B) TO EMERGENCY MEDICAL PERSONNEL DURING THE COURSE OF PROVIDING 19 PATIENT CARE IN THE REAR COMPARTMENT OF AN AMBULANCE IN ACCORDANCE WITH 20 APPLICABLE PATIENT CARE STANDARDS, GUIDELINES AND PROTOCOLS ESTABLISHED 21 PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW. 22 S 4. Subdivision 5 of section 1229-c of the vehicle and traffic law, 23 as amended by chapter 241 of the laws of 2007, is amended to read as 24 follows: 25 5. Any person who violates the provisions of subdivision three OR 26 TEN-A of this section shall be punished by a civil fine of up to fifty 27 dollars. Any person who violates the provisions of subdivision one, two, 28 eleven or thirteen of this section shall be punished by a civil fine of 29 not less than twenty-five nor more than one hundred dollars. In any 30 prosecution or proceeding alleging a violation of paragraph (b) of 31 subdivision one or paragraph (c) of subdivision two of this section, it 32 shall be an affirmative defense that the passenger subject to the 33 requirements of such paragraphs was restrained by a safety belt and 34 measures more than four feet nine inches in height and/or weighs more 35 than one hundred pounds. 36 S 5. This act shall take effect on the first of November next succeed- 37 ing the date on which it shall have become a law.