NY State Senate Bill 2017-S2163A

Senate Bill S2163A

2017-2018 Legislative Session

Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2018	print number 2163a
May 15, 2018	amend and recommit to transportation
Jan 03, 2018	referred to transportation
Jan 12, 2017	referred to transportation

Bill Amendments

Original

A (Active)

2017-S2163 - Details

See Assembly Version of this Bill:: A3441
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4181
2011-2012: A6477
2013-2014: A1539
2015-2016: S7781, A5963
2019-2020: S1421, A5917
2021-2022: S3752, A753
2023-2024: A5667

2017-S2163 - Summary

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.

2017-S2163 - Sponsor Memo

                                 BILL NUMBER:  S2163

 TITLE OF BILL :  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

 PURPOSE :

The purpose of this legislation is to prohibit children under the age
of 8 from riding as a passenger in the front seat of a vehicle except
in certain cases.

 SUMMARY OF PROVISIONS :

Section 1: Subdivisions 2, 5, 6, and 7 of section 1229-c of the
Vehicle and Traffic Law are amended to prohibit children under the age
of eight from riding as passengers in the front seat of a motor
vehicle with the following exceptions: (1) there are no rear seats;
(2) a child safety seat or booster seat cannot be properly installed
ed in the rear seat; (3) all rear seats are already occupied by other
occupants who are also under the age of eight; or if (4) medical
reasons necessitate the child should not ride in the rear seat.

Section 2: Provides the effective date.

 JUSTIFICATION :

Preventable injuries are the number one killer of children (ages 14
and under) across the country. According to the National Highway
Traffic Safety Administration (NHTSA), in 2013 an average of three
children 14 and younger were killed and an estimated 470 were injured
in traffic crashes every day in the United States.

Experts agree that children are safest when buckled up in the back
seat. The Insurance Institute for Highway Safety found that retraining
children between the ages of 4 to 8 years old in rear seats rather
than front seats reduced their risk of fatal injury by nearly half.
The back seat location provides greater protection for the head-on
collisions, the most serious type of crash, by removing children away
from the point of impact.

New York State now requires all children up to age 16 to wear seat
belts in both front and rear seats, while children under age 8 must be
also properly restrained in a car seat or booster seat. Child
passenger safety can be strengthened by requiring young children to
sit in the rear seat. Furthermore, this bill allows flexibility for
large families and/or parents who may be transporting other children.

 LEGISLATIVE HISTORY :

S.7781 (2016): Referred to Transportation
S.4773 (2011-12): Referred to Transportation
S.2238-A (2009-10): Referred to Transportation
S.281-A (2007-08): Referred to Transportation
S.3908-A (2005-06): Referred to Transportation
S.6910 (2004): Referred to Transportation

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding 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.

2017-S2163 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2163
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 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:
 
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02860-01-7

 S. 2163                             2
 
 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.
   §  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.
   § 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.

2017-S2163A (ACTIVE) - Details

See Assembly Version of this Bill:: A3441
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4181
2011-2012: A6477
2013-2014: A1539
2015-2016: S7781, A5963
2019-2020: S1421, A5917
2021-2022: S3752, A753
2023-2024: A5667

2017-S2163A (ACTIVE) - Summary

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.

2017-S2163A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2163A

SPONSOR: SERINO
 
TITLE OF BILL:  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

 
PURPOSE:

The purpose of this legislation is to prohibit children under the age of
8 from riding as a passenger in the front seat of a vehicle except in
certain cases.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivisions 2, 5, 6, and 7 of section 1229-c of the Vehicle
and Traffic Law are amended to prohibit children under the age of eight
from riding as passengers in the front seat of a motor vehicle with the
following exceptions: (1) there are no rear seats; (2) a child safety
seat or booster seat cannot be properly installed in the rear seat; (3)

all rear seats are already occupied by other occupants who are also
under the age of eight; or if (4) medical reasons necessitate the child
should not ride in the rear seat.

Section 2: Provides the effective date.

 
JUSTIFICATION:

Preventable injuries are the number one killer of children (ages 14 and
under) across the country. According to the National Highway Traffic
Safety Administration (NHTSA), in 2013 an average of three children 14
and younger were killed and an estimated 470 were injured in traffic
crashes every day in the United States.

Experts agree that children are safest when buckled up in the back seat.
The Insurance Institute for Highway Safety found that retraining chil-
dren between the ages of 4 to 8 years old in rear seats rather than
front seats reduced their risk of fatal injury by nearly half. The back
seat location provides greater protection for the head-on collisions,
the most serious type of crash, by removing children away from the point
of impact.

New York State now requires all children up to age 16 to wear seat belts
in both front and rear seats, while children under age 8 must be also
properly restrained in a car seat or booster seat. Child passenger safe-
ty can be strengthened by requiring young children to sit in the rear
seat. Furthermore, this bill allows flexibility for large families
and/or parents who may be transporting other children.

 
LEGISLATIVE HISTORY:

S.7781 (2016): Referred to Transportation
S.4773 (2011-12): Referred to Transportation
S.2238-A (2009-10): Referred to Transportation
S.281-A (2007-08): Referred to Transportation
S.3908-A (2005-06): Referred to Transportation
S.6910 (2004): Referred to Transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding 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 warn-
ing but shall not be issued an appearance ticket and shall not be liable
for a fine.

2017-S2163A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2163--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation  --  recom-
   mitted  to  the  Committee on Transportation in accordance with Senate
   Rule  6,  sec.  8  --  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 340
 of the laws of 2017, and 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.

                                                            LBD02860-03-8

 S. 2163--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,
 three-c 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  para-
 graph (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. In any prosecution or proceeding  alleging
 a  violation of paragraph (b) of subdivision three-c of this section, it
 shall be an  affirmative  defense  that  such  taxi  or  livery  was  in
 violation of subdivision four-b of section three hundred eighty-three of
 this chapter.
   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.
   § 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.
   §  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

 S. 2163--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.

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