S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2412
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to safety  seat
   and seat belt requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 1 of  section  1229-c  of  the
 vehicle  and  traffic law, as amended by chapter 18 of the laws of 2005,
 is amended to read as follows:
   (a) all back seat passengers of such vehicle under the age of four are
 restrained in a specially designed seat which meets  the  Federal  Motor
 Vehicle  Safety  Standards  set  forth in 49 C.F.R. 571.213 and which is
 either permanently affixed or is affixed to such  vehicle  by  a  safety
 belt,  or  [in]  WHICH  IS  SECURED ACCORDING TO THE VEHICLE'S MANUAL OR
 CHILD RESTRAINT SYSTEM MANUFACTURER'S INSTRUCTIONS. IN  the  event  that
 the weight of such passenger under the age of four exceeds forty pounds,
 such passenger [may] MUST be PROPERLY 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 combi-
 nation 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] AND WHICH IS  SECURED
 ACCORDING  TO THE VEHICLE'S MANUAL OR CHILD RESTRAINT SYSTEM MANUFACTUR-
 ER'S INSTRUCTIONS;
   § 1-a. Paragraph (a) of subdivision 1 of section 1229-c of the vehicle
 and traffic law, as amended by chapter 393  of  the  laws  of  2017,  is
 amended to read as follows:
   (a) all back seat passengers of such vehicle under the age of four are
 restrained  in  a  specially designed seat which meets the Federal Motor
 Vehicle Safety Standards set forth in 49 C.F.R.  571.213  and  which  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00974-02-9

 A. 2412                             2
 
 either  permanently  affixed  or  is affixed to such vehicle by a safety
 belt, OR WHICH IS SECURED ACCORDING TO THE  VEHICLE'S  MANUAL  OR  CHILD
 RESTRAINT  SYSTEM  MANUFACTURER'S INSTRUCTIONS, and which shall be rear-
 facing whenever the passenger being restrained in such seat is under the
 age  of  two  except that in the event that the weight or height of such
 passenger under the age of two exceeds  the  occupant  size  and  weight
 recommendations  of the manufacturer of such rear-facing seat, such seat
 may be forward-facing; provided, however, that in  the  event  that  the
 weight  of  such  passenger  under the age of four exceeds forty pounds,
 such passenger [may] MUST be PROPERLY 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 combi-
 nation 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] AND WHICH IS  SECURED
 ACCORDING  TO THE VEHICLE'S MANUAL OR CHILD RESTRAINT SYSTEM MANUFACTUR-
 ER'S INSTRUCTIONS;
   § 2. Paragraph (b) of subdivision 1 of section 1229-c of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 405 of the laws of 2009, is
 amended to read as follows:
   (b) all back seat passengers of such vehicle who are age four or older
 but under age eight [(i)] are  PROPERLY  restrained  in  an  appropriate
 child  restraint  system  as defined in subdivision four of this section
 [used with combination lap  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] AND
 WHICH IS SECURED ACCORDING TO THE VEHICLE'S MANUAL  OR  CHILD  RESTRAINT
 SYSTEM MANUFACTURER'S INSTRUCTIONS; or
   § 2-a. Paragraph (b) of subdivision 1 of section 1229-c of the vehicle
 and  traffic  law,  as  amended  by  chapter 393 of the laws of 2017, is
 amended to read as follows:
   (b) all back seat passengers of such vehicle who are age four or older
 but under age eight [(i)] are  PROPERLY  restrained  in  an  appropriate
 child  restraint  system  as defined in subdivision four of this section
 [used with combination lap  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] AND
 WHICH IS SECURED ACCORDING TO THE VEHICLE'S MANUAL  OR  CHILD  RESTRAINT
 SYSTEM MANUFACTURER'S INSTRUCTIONS; or
   §  3.  Paragraph (c) of subdivision 1 of section 1229-c of the vehicle
 and traffic law, as amended by chapter  18  of  the  laws  of  2005,  is
 amended to read as follows:
   (c)  in  the  case  of any other back seat passenger [under the age of
 sixteen], he or she is restrained by  a  safety  belt  approved  by  the
 commissioner.
   § 3-a. Paragraph (c) of subdivision 1 of section 1229-c of the vehicle
 and  traffic  law,  as  amended  by  chapter 393 of the laws of 2017, is
 amended to read as follows:
   (c) in the case of any other back seat passenger  [under  the  age  of
 sixteen],  he  or  she  is  restrained  by a safety belt approved by the
 commissioner.

 A. 2412                             3
 
   § 4. Paragraph (b) of subdivision 2 of section 1229-c of  the  vehicle
 and  traffic  law,  as  amended  by  chapter  18 of the laws of 2005, is
 amended to read as follows:
   (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]. IN
  the  event  that  the  weight  of  such passenger under the age of four
 exceeds forty pounds, such passenger [may] MUST be  PROPERLY  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 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]
 AND  WHICH  IS  SECURED  ACCORDING  TO  THE  VEHICLE'S  MANUAL  OR CHILD
 RESTRAINT SYSTEM MANUFACTURER'S INSTRUCTIONS; or
   § 5. Paragraph (c) of subdivision 2 of section 1229-c of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 405 of the laws of 2009, is
 amended to read as follows:
   (c) if they are age four or older but under age eight, [(i) are]  SUCH
 PASSENGERS MUST BE PROPERLY restrained in an appropriate child restraint
 system  as defined in subdivision four of this section [used with combi-
 nation lap safety and shoulder harness belts or (ii) are restrained in 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] AND WHICH IS SECURED
 ACCORDING TO THE VEHICLE'S MANUAL OR CHILD RESTRAINT SYSTEM  MANUFACTUR-
 ER'S INSTRUCTIONS.
   §  6. Subdivision 13 of section 1229-c of the vehicle and traffic law,
 as amended by chapter 20 of the laws of 2008,  is  amended  to  read  as
 follows:
   13.  Notwithstanding  the  provisions  of  subdivision  four  of  this
 section, no person shall operate a school bus for  which  there  are  no
 applicable  federal school bus safety standards unless all occupants are
 restrained by a safety belt approved by the commissioner  or,  regarding
 occupants  age four or older but under age [seven] EIGHT, are restrained
 pursuant to subdivision one or two of this section.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law; provided however  that
 sections  1-a,  2-a,  and  3-a of this act shall take effect on the same
 date and in the same manner as chapter 393 of the laws  of  2017,  takes
 effect.