S T A T E   O F   N E W   Y O R K
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                                  7315

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2015
                               ___________

Introduced by M. of A. THIELE, ABINANTI, BRINDISI, FAHY, GALEF, GUNTHER,
  JAFFEE,  PAULIN,  STIRPE  --  Multi-Sponsored  by -- M. of A. GOODELL,
  LIFTON, MAGEE, MILLER, SKARTADOS -- read  once  and  referred  to  the
  Committee on Transportation

AN  ACT  to amend the vehicle and traffic law, in relation to the use of
  seatbelts by volunteer firefighters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of subdivision 4 of section 1229-c of the
vehicle and traffic law, as separately amended by chapters 232  and  509
of the laws of 2004, is amended to read as follows:
  (a)  "motor  vehicle"  shall  include  all  motor  vehicles  which are
required by section three hundred eighty-three of this chapter or  regu-
lation or would be required if such motor vehicle were registered in New
York  state  to be equipped by a safety belt but shall not include those
vehicles which are used as school buses, as  such  term  is  defined  in
section  one  hundred forty-two of this chapter and those vehicles which
are authorized emergency vehicles, as such term is  defined  in  section
one hundred one of this chapter, PROVIDED, HOWEVER, THAT FOR PURPOSES OF
THIS  SECTION,  "MOTOR  VEHICLE"  SHALL ALSO INCLUDE FIRE VEHICLES OWNED
AND/OR OPERATED BY A FIRE COMPANY  AS  DEFINED  BY  SUBDIVISION  TWO  OF
SECTION  ONE  HUNDRED  OF THE GENERAL MUNICIPAL LAW AND AMBULANCES OWNED
AND/OR OPERATED BY A VOLUNTARY AMBULANCE SERVICE AS DEFINED BY  SUBDIVI-
SION THREE OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW;
  S 2. Subdivision 3-a of section 1229-c of the vehicle and traffic law,
as amended by chapter 403 of the laws of 2009, is renumbered subdivision
3-b.
  S  3.  Section  1229-c  of  the  vehicle and traffic law is amended by
adding a new subdivision 10-a to read as follows:
  10-A. NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  NO PERSON SIXTEEN YEARS OF AGE OR OVER SHALL BE A PASSENGER IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10362-01-5
              

A. 7315                             2

THE REAR SEAT OF A FIRE VEHICLE OWNED AND/OR OPERATED BY A FIRE  COMPANY
AS  DEFINED  BY  SUBDIVISION  TWO  OF SECTION ONE HUNDRED OF THE GENERAL
MUNICIPAL LAW OR IN THE REAR SEAT OF AN AMBULANCE OWNED AND/OR  OPERATED
BY  A  VOLUNTARY  AMBULANCE  SERVICE  AS DEFINED BY SUBDIVISION THREE OF
SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW UNLESS SUCH  PERSON  IS
RESTRAINED  BY  A  SAFETY  BELT  APPROVED BY THE COMMISSIONER. PROVIDED,
HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY: (A) TO
A PASSENGER IN THE REAR SEAT OF SUCH FIRE VEHICLE OR AMBULANCE  IF  SUCH
SEAT  IS  NOT  REQUIRED TO BE EQUIPPED WITH SAFETY BELTS PURSUANT TO THE
PROVISIONS OF SECTION THREE HUNDRED EIGHTY-THREE OF  THIS  CHAPTER,  NOR
(B)  TO  EMERGENCY  MEDICAL  PERSONNEL  DURING  THE  COURSE OF PROVIDING
PATIENT CARE IN THE REAR COMPARTMENT OF AN AMBULANCE IN ACCORDANCE  WITH
APPLICABLE  PATIENT CARE STANDARDS, GUIDELINES AND PROTOCOLS ESTABLISHED
PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW.
  S 4. Subdivision 5 of section 1229-c of the vehicle and  traffic  law,
as  amended  by  chapter  241 of the laws of 2007, is amended to read as
follows:
  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,
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.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.