S T A T E   O F   N E W   Y O R K
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                                 5963--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M.  of  A. GALEF, FARRELL, CUSICK, FINCH, GANTT, JAFFEE,
  WRIGHT, MOSLEY, WEPRIN -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,
  CLARK,  COOK, DINOWITZ, GLICK, GOTTFRIED, HOOPER, McDONOUGH, McKEVITT,
  MORELLE, ORTIZ, PAULIN, PERRY -- read once and referred to the Commit-
  tee on Transportation -- recommitted to the Committee  on  Transporta-
  tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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 448
of  the  laws of 2015, 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
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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00137-02-6

A. 5963--A                          2

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 or
ten-a 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,  eleven  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  prosecution  or proceeding alleging a violation of paragraph (b) of
subdivision 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
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.