Bill Text: NY A01539 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Moderate Partisan Bill (Democrat 24-3)

Status: (Introduced - Dead) 2014-05-08 - advanced to third reading cal.637 [A01539 Detail]

Download: New_York-2013-A01539-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1539
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A. GALEF, FARRELL, CUSICK, FINCH, GANTT, JAFFEE,
         WRIGHT -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, BROOK-KRAS-
         NY, CLARK, COOK, GLICK, GOTTFRIED, HEASTIE,  HOOPER,  JACOBS,  MAISEL,
         McDONOUGH,  McKEVITT,  MILLMAN, MORELLE, ORTIZ, PAULIN, SCARBOROUGH --
         read once and referred 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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04833-01-3
       A. 1539                             2
    1  priate child restraint system as defined in  subdivision  four  of  this
    2  section  used  with combination lap safety and shoulder harness belts or
    3  (ii) are restrained in a lap safety belt in the event  such  vehicle  is
    4  not  equipped  with combination lap safety and shoulder harness belts or
    5  all the combination lap safety and shoulder harness belts are being used
    6  to properly restrain other passengers who are under the age of  sixteen.
    7  NOTHING  CONTAINED  IN THIS SUBDIVISION SHALL BE DEEMED TO SUPERSEDE THE
    8  REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION.
    9    5. Any person who violates the provisions of subdivision three of this
   10  section shall be punished by a civil fine of up to  fifty  dollars.  Any
   11  person who violates the provisions of subdivision one, two, TWO-A, elev-
   12  en  or thirteen of this section shall be punished by a civil fine of not
   13  less than twenty-five nor more than one hundred dollars. In  any  prose-
   14  cution  or  proceeding alleging a violation of paragraph (b) of subdivi-
   15  sion one or paragraph (c) of subdivision two of this section,  it  shall
   16  be an affirmative defense that the passenger subject to the requirements
   17  of  such  paragraphs  was  restrained by a safety belt and measures more
   18  than four feet nine inches in height and/or weighs more than one hundred
   19  pounds.
   20    6. The court shall waive any fine for which a person who violates  the
   21  provisions  of  this  section would be liable with respect to passengers
   22  under the age of eight if such person  supplies  the  court  with  proof
   23  that,  between the date on which he is charged with having violated this
   24  section and the appearance date for  such  violation,  he  purchased  or
   25  rented a child restraint system which meets the requirements of subdivi-
   26  sion  one  of  this section. Provided, however, that such waiver of fine
   27  shall not apply to a second or subsequent conviction under this section,
   28  NOR A VIOLATION OF SUBDIVISION TWO-A OF THIS SECTION.
   29    7. The provisions of this section shall not apply to  a  passenger  or
   30  operator with a physically disabling condition whose physical disability
   31  would  prevent appropriate restraint in such safety seat or safety belt,
   32  OR TO A PASSENGER UNDER THE AGE OF EIGHT WHOSE PHYSICAL CONDITION NECES-
   33  SITATES THAT SUCH PASSENGER BE SEATED IN THE FRONT SEAT FOR  MEDICAL  OR
   34  SAFETY REASONS, provided, however, THAT such condition is duly certified
   35  by  a  physician who shall state the nature of the [handicap] DISABILITY
   36  OR CONDITION, as well as the reason  such  restraint  is  OR  REAR  SEAT
   37  PLACEMENT IS inappropriate.
   38    S  2.  Section  1229-c  of  the  vehicle and traffic law is amended by
   39  adding a new subdivision 2-a to read as follows:
   40    2-A. NO PERSON SHALL OPERATE A MOTOR VEHICLE WITH ANY PASSENGERS UNDER
   41  THE AGE OF EIGHT SEATED IN THE FRONT SEAT OF SUCH  VEHICLE.    PROVIDED,
   42  HOWEVER,  THAT SUCH PROHIBITION SHALL NOT APPLY IF: (A) SUCH MOTOR VEHI-
   43  CLE IS NOT EQUIPPED WITH REAR SEATS; OR (B) THE REAR SEAT CANNOT  ACCOM-
   44  MODATE  THE PROPER INSTALLATION OF THE CHILD SAFETY SEAT OR BOOSTER SEAT
   45  IN WHICH SUCH PASSENGER IS  BEING  TRANSPORTED,  AS  DETERMINED  BY  THE
   46  COMMISSIONER,  OR  VEHICLE MANUFACTURER, OR CHILD SAFETY SEAT OR BOOSTER
   47  SEAT MANUFACTURER; OR (C) ALL OTHER SEAT POSITIONS ARE OCCUPIED BY OTHER
   48  OCCUPANTS; OR (D) SUCH PASSENGER UNDER AGE EIGHT IS EXEMPT  PURSUANT  TO
   49  THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION.
   50    S  3. This act shall take effect on the first of January next succeed-
   51  ing the date on which it shall have become  a  law;  provided  that  any
   52  person  who violates the provisions of subdivision 2-a of section 1229-c
   53  of the vehicle and traffic law, as added by  section  two  of  this  act
   54  within the twelve months following such effective date, shall be subject
   55  to  a warning but shall not be issued an appearance ticket and shall not
   56  be liable for a fine.