Bill Text: NY S08020 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires that no person under four years of age shall be a passenger in a taxi or livery unless such person is restrained by a child restraint system; requires that no person four years of age or older but under age eight shall be a passenger in a taxi or livery unless such person is restrained in an appropriate child restraint system; establishes violations of such provisions shall be punished by a civil fine of up to fifty dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-20 - REFERRED TO TRANSPORTATION [S08020 Detail]

Download: New_York-2021-S08020-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8020

                    IN SENATE

                                    January 20, 2022
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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
          certain  child  passengers  in  a taxi or livery to be restrained by a
          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 3-c of section 1229-c of the vehicle and traf-
     2  fic law is amended by adding two new paragraphs (d) and (e) to  read  as
     3  follows:
     4    (d)  No  person under four years of age shall be a passenger in a taxi
     5  or livery unless such person is restrained in a child  restraint  system
     6  as  defined  in  paragraph  (b)  of  subdivision four of this section. A
     7  police officer shall only issue a summons for a violation of this  para-
     8  graph  to the parent or guardian of such person if the violation by such
     9  person occurs in the presence of such person's parent  or  guardian  and
    10  where  such  parent  or  guardian is eighteen years of age or more. Such
    11  summons shall only be issued to such parent or guardian and shall not be
    12  issued to the person under four years of age.
    13    (e) No person four years of age or older but under age eight shall  be
    14  a  passenger  in a taxi or livery unless such person is restrained in an
    15  appropriate child restraint system as defined in paragraph (c) of subdi-
    16  vision four of this section. A police officer shall only issue a summons
    17  for a violation of this paragraph to the  parent  or  guardian  of  such
    18  person  if  the  violation by such person occurs in the presence of such
    19  person's parent or guardian and where such parent or guardian  is  eigh-
    20  teen  years  of  age  or more. Such summons shall only be issued to such
    21  parent or guardian and shall not be issued to  the  person  under  eight
    22  years of age.
    23    §  2.  Subdivision 5 of section 1229-c of the vehicle and traffic law,
    24  as amended by chapter 38 of the laws of 2020,  is  amended  to  read  as
    25  follows:
    26    5.  Any  person  who  violates  the  provisions  of subdivision three,
    27  three-c or ten-a of this section shall be punished by a civil fine of up

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04625-01-1
        S. 8020                             2

     1  to fifty dollars. Any person who violates the provisions of  subdivision
     2  one,  two,  eleven  or  thirteen  of this section shall be punished by a
     3  civil fine of not less  than  twenty-five  nor  more  than  one  hundred
     4  dollars.  In any prosecution or proceeding alleging a violation of para-
     5  graph (b) of subdivision one [or], paragraph (c) of subdivision two,  or
     6  paragraph  (e)  of  subdivision  three-c of this section, it shall be an
     7  affirmative defense that the passenger subject to  the  requirements  of
     8  such  paragraphs  was restrained by a safety belt and measures more than
     9  four feet nine inches in height and/or  weighs  more  than  one  hundred
    10  pounds.  In  any prosecution or proceeding alleging a violation of para-
    11  graph (b) [or], paragraph (c), paragraph (d) or paragraph (e) of  subdi-
    12  vision  three-c of this section, it shall be an affirmative defense that
    13  such taxi or livery was in violation of subdivision  four-b  of  section
    14  three hundred eighty-three of this chapter.
    15    § 3. This act shall take effect on the first of November next succeed-
    16  ing the date on which it shall have become a law.