Bill Text: NY S07781 | 2015-2016 | 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) 2016-05-12 - REFERRED TO TRANSPORTATION [S07781 Detail]
Download: New_York-2015-S07781-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7781 IN SENATE May 12, 2016 ___________ 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 448 5 of the laws of 2015, 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 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. LBD00137-03-6S. 7781 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 or 4 ten-a of this section shall be punished by a civil fine of up to fifty 5 dollars. Any person who violates the provisions of subdivision one, two, 6 two-a, eleven or thirteen of this section shall be punished by a civil 7 fine of not less than twenty-five nor more than one hundred dollars. In 8 any prosecution or proceeding alleging a violation of paragraph (b) of 9 subdivision one or paragraph (c) of subdivision two of this section, it 10 shall be an affirmative defense that the passenger subject to the 11 requirements of such paragraphs was restrained by a safety belt and 12 measures more than four feet nine inches in height and/or weighs more 13 than one hundred pounds. 14 6. The court shall waive any fine for which a person who violates the 15 provisions of this section would be liable with respect to passengers 16 under the age of eight if such person supplies the court with proof 17 that, between the date on which he is charged with having violated this 18 section and the appearance date for such violation, he purchased or 19 rented a child restraint system which meets the requirements of subdivi- 20 sion one of this section. Provided, however, that such waiver of fine 21 shall not apply to a second or subsequent conviction under this section, 22 nor a violation of subdivision two-a of this section. 23 7. The provisions of this section shall not apply to a passenger or 24 operator with a physically disabling condition whose physical disability 25 would prevent appropriate restraint in such safety seat or safety belt, 26 or to a passenger under the age of eight whose physical condition neces- 27 sitates that such passenger be seated in the front seat for medical or 28 safety reasons, provided, however, that such condition is duly certified 29 by a physician who shall state the nature of the [handicap] disability 30 or condition, as well as the reason such restraint is or rear seat 31 placement is inappropriate. 32 § 2. Section 1229-c of the vehicle and traffic law is amended by 33 adding a new subdivision 2-a to read as follows: 34 2-a. No person shall operate a motor vehicle with any passengers under 35 the age of eight seated in the front seat of such vehicle. Provided, 36 however, that such prohibition shall not apply if: (a) such motor vehi- 37 cle is not equipped with rear seats; or (b) the rear seat cannot accom- 38 modate the proper installation of the child safety seat or booster seat 39 in which such passenger is being transported, as determined by the 40 commissioner, or vehicle manufacturer, or child safety seat or booster 41 seat manufacturer; or (c) all other seat positions are occupied by other 42 occupants who are under the age of eight; or (d) such passenger under 43 age eight is exempt pursuant to the provisions of subdivision seven of 44 this section. 45 § 3. This act shall take effect on the first of January next succeed- 46 ing the date on which it shall have become a law; provided that any 47 person who violates the provisions of subdivision 2-a of section 1229-c 48 of the vehicle and traffic law, as added by section two of this act 49 within the twelve months following such effective date, shall be subject 50 to a warning but shall not be issued an appearance ticket and shall not 51 be liable for a fine.
