S T A T E   O F   N E W   Y O R K
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                                 1539--A

                       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, MOSLEY -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  BRENNAN,
  BROOK-KRASNY,  CLARK, COOK, DINOWITZ, GLICK, GOTTFRIED, HEASTIE, HOOP-
  ER, JACOBS, MAISEL,  McDONOUGH,  McKEVITT,  MILLMAN,  MORELLE,  ORTIZ,
  PAULIN,  PERRY, SCARBOROUGH -- read once and referred to the Committee
  on Transportation -- 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  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:

  Section 1. Subdivisions 2, 5, 6 and 7 of section 1229-c of the vehicle
and  traffic  law, subdivision 2 as amended by chapter 18 of the laws of
2005, paragraph (c) of subdivision 2 and subdivision  6  as  amended  by
chapter 405 of the laws of 2009, subdivision 5 as amended by chapter 241
of  the  laws of 2007, subdivision 7 as added by chapter 365 of the laws
of 1984, are amended to read as follows:
  2. No person shall operate a  motor  vehicle  unless  all  front  seat
passengers (a) under the age of sixteen are restrained by a safety belt;
or  (b)  if they are under the age of four, by a specially designed seat
which is either permanently affixed or affixed  to  such  vehicle  by  a
safety  belt  as  required by subdivision one of this section, or in the
event that the weight of such passenger under the age  of  four  exceeds
forty  pounds,  such  passenger  may be restrained (i) in an appropriate
child restraint system as defined in subdivision four  of  this  section
used with combination lap safety and shoulder harness belts or (ii) by a
lap  safety belt in the event such vehicle is not equipped with combina-
tion lap safety and shoulder harness belts or all  the  combination  lap

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04833-02-3

A. 1539--A                          2

safety  and  shoulder  harness belts are being used to properly restrain
other passengers who are under the age of sixteen; or (c)  if  they  are
age  four  or older but under age eight, (i) are restrained in an appro-
priate  child  restraint  system  as defined in subdivision four of this
section used with combination lap safety and shoulder harness  belts  or
(ii)  are  restrained  in a lap safety belt in the event such vehicle is
not equipped with combination lap safety and shoulder harness  belts  or
all the combination lap safety and shoulder harness belts are being used
to  properly restrain other passengers who are under the age of sixteen.
NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO  SUPERSEDE  THE
REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION.
  5. Any person who violates the provisions of subdivision three of this
section  shall  be  punished by a civil fine of up to fifty dollars. Any
person who violates the provisions of subdivision one, two, TWO-A, elev-
en or thirteen of this section shall be punished by a civil fine of  not
less  than  twenty-five nor more than one hundred dollars. In any prose-
cution or proceeding alleging a violation of paragraph (b)  of  subdivi-
sion  one  or paragraph (c) of subdivision two of this section, it shall
be an affirmative defense that the passenger subject to the requirements
of such paragraphs was restrained by a safety  belt  and  measures  more
than four feet nine inches in height and/or weighs more than one hundred
pounds.
  6.  The court shall waive any fine for which a person who violates the
provisions of this section would be liable with  respect  to  passengers
under  the  age  of  eight  if such person supplies the court with proof
that, between the date on which he is charged with having violated  this
section  and  the  appearance  date  for such violation, he purchased or
rented a child restraint system which meets the requirements of subdivi-
sion one of this section. Provided, however, that such  waiver  of  fine
shall not apply to a second or subsequent conviction under this section,
NOR A VIOLATION OF SUBDIVISION TWO-A OF THIS SECTION.
  7.  The  provisions  of this section shall not apply to a passenger or
operator with a physically disabling condition whose physical disability
would prevent appropriate restraint in such safety seat or safety  belt,
OR TO A PASSENGER UNDER THE AGE OF EIGHT WHOSE PHYSICAL CONDITION NECES-
SITATES  THAT  SUCH PASSENGER BE SEATED IN THE FRONT SEAT FOR MEDICAL OR
SAFETY REASONS, provided, however, THAT such condition is duly certified
by a physician who shall state the nature of the  [handicap]  DISABILITY
OR  CONDITION,  as  well  as  the  reason such restraint is OR REAR SEAT
PLACEMENT IS inappropriate.
  S 2. Section 1229-c of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 2-a to read as follows:
  2-A. NO PERSON SHALL OPERATE A MOTOR VEHICLE WITH ANY PASSENGERS UNDER
THE  AGE  OF  EIGHT SEATED IN THE FRONT SEAT OF SUCH VEHICLE.  PROVIDED,
HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY IF: (A) SUCH MOTOR  VEHI-
CLE  IS NOT EQUIPPED WITH REAR SEATS; OR (B) THE REAR SEAT CANNOT ACCOM-
MODATE THE PROPER INSTALLATION OF THE CHILD SAFETY SEAT OR BOOSTER  SEAT
IN  WHICH  SUCH  PASSENGER  IS  BEING  TRANSPORTED, AS DETERMINED BY THE
COMMISSIONER, OR VEHICLE MANUFACTURER, OR CHILD SAFETY SEAT  OR  BOOSTER
SEAT MANUFACTURER; OR (C) ALL OTHER SEAT POSITIONS ARE OCCUPIED BY OTHER
OCCUPANTS  WHO  ARE  UNDER THE AGE OF EIGHT; OR (D) SUCH PASSENGER UNDER
AGE EIGHT IS EXEMPT PURSUANT TO THE PROVISIONS OF SUBDIVISION  SEVEN  OF
THIS SECTION.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  any
person  who violates the provisions of subdivision 2-a of section 1229-c

A. 1539--A                          3

of the vehicle and traffic law, as added by  section  two  of  this  act
within the twelve months following such effective date, shall be subject
to  a warning but shall not be issued an appearance ticket and shall not
be liable for a fine.