Bill Text: NY S06523 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to requiring a child under the age of two in certain circumstances to be secured in a rear-facing child restraint system.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-10-23 - SIGNED CHAP.393 [S06523 Detail]

Download: New_York-2017-S06523-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6523
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 31, 2017
                                       ___________
        Introduced  by  Sen.  ROBACH -- 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 requiring  a
          child under the age of two in certain circumstances to be secured in a
          rear-facing child restraint system
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 1229-c of the vehicle and  traffic
     2  law,  as  amended  by  chapter  18 of the laws of 2005, paragraph (b) as
     3  amended by chapter 405 of the laws  of  2009,  is  amended  to  read  as
     4  follows:
     5    1.   No person shall operate a motor vehicle in this state unless: (a)
     6  all back seat passengers of such vehicle  under  the  age  of  four  are
     7  restrained  in  a  specially designed seat which meets the Federal Motor
     8  Vehicle Safety Standards set forth in 49 C.F.R.  571.213  and  which  is
     9  either  permanently  affixed  or  is affixed to such vehicle by a safety
    10  belt[, or] and which shall be rear-facing whenever the  passenger  being
    11  restrained in such seat is under the age of two except that in the event
    12  that the weight or height of such passenger under the age of two exceeds
    13  the occupant size and weight recommendations of the manufacturer of such
    14  rear-facing  seat,  such  seat may be forward-facing; provided, however,
    15  that in the event that the weight of such passenger  under  the  age  of
    16  four  exceeds  forty  pounds, such passenger may be restrained (i) in an
    17  appropriate child restraint system as defined  in  subdivision  four  of
    18  this section used with combination lap safety and shoulder harness belts
    19  or  (ii)  by a lap safety belt in the event such vehicle is not equipped
    20  with combination lap safety and shoulder harness belts or all the combi-
    21  nation lap safety and shoulder harness belts are being used to  properly
    22  restrain other passengers who are under the age of sixteen; (b) all back
    23  seat  passengers of such vehicle who are age four or older but under age
    24  eight (i) are restrained in an appropriate  child  restraint  system  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03046-02-7
        S. 6523                             2
     1  defined  in  subdivision  four of this section used with combination lap
     2  and shoulder harness belts or (ii) are restrained in a lap  safety  belt
     3  in  the  event  such vehicle is not equipped with combination lap safety
     4  and  shoulder harness belts or all the combination lap safety and shoul-
     5  der harness belts are being used to properly restrain  other  passengers
     6  who  are  under the age of sixteen; or (c) in the case of any other back
     7  seat passenger under the age of sixteen, he or she is  restrained  by  a
     8  safety belt approved by the commissioner.
     9    § 2. This act shall take effect November 1, 2019.