S T A T E O F N E W Y O R K
________________________________________________________________________
7623
I N S E N A T E
January 31, 2020
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to seatbelts in
a taxi or livery
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 3-c of section 1229-c of the
vehicle and traffic law, as added by a chapter of the laws of 2020,
amending the vehicle and traffic law relating to safety belt require-
ments for taxis and livery vehicles, as proposed in legislative bills
numbers S. 7134 and A. 8990, is amended to read as follows:
(c) No person [shall operate a taxi or livery unless all passengers
who are age] eight YEARS OF AGE or older but under age sixteen [are]
SHALL BE A PASSENGER IN A TAXI OR LIVERY UNLESS SUCH PERSON IS
restrained by a safety belt approved by the commissioner. A POLICE
OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF THIS PARAGRAPH TO
THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON
OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDIAN AND WHERE
SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH SUMMONS
SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN AND SHALL NOT BE ISSUED
TO THE PERSON EIGHT YEARS OF AGE OR OLDER BUT UNDER AGE SIXTEEN.
§ 2. Subdivision 5 of section 1229-c of the vehicle and traffic law,
as amended by chapter 340 of the laws of 2017, is amended to read as
follows:
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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15083-03-0
S. 7623 2
more than one hundred pounds. In any prosecution or proceeding alleging
a violation of paragraph (b) OR PARAGRAPH (C) 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.
§ 3. Subdivision 51 of section 375 of the vehicle and traffic law, as
added by chapter 495 of the laws of 2003, is amended to read as follows:
51. Taxicab and livery notices. (a) Every taxicab and livery regis-
tered in this state shall have posted therein the following notice:
"Seatbelts must be available for your use. [Please] YOU MUST buckle up,
IT'S THE LAW."
(b) The notices required to be posted pursuant to paragraph (a) of
this subdivision shall be posted in a manner legible and conspicuous to
passengers in all seating positions of such vehicles. PROVIDED, HOWEV-
ER, THAT IN ADDITION TO THE REQUIREMENTS OF THIS PARAGRAPH, SUCH NOTICES
POSTED WITHIN TAXIS AND LIVERIES SUBJECT TO REGISTRATION AND LICENSING
BY CITIES HAVING A POPULATION OF ONE MILLION OR MORE SHALL ALSO BE
PROVIDED IN THE TOP TWO DESIGNATED CITYWIDE LANGUAGES AS SUCH TERM IS
DEFINED IN SECTION 23-1101 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK.
§ 4. The commissioner of motor vehicles shall undertake a public
education campaign to alert drivers of for-hire vehicles and cities,
towns and villages which regulate for-hire vehicles of the provisions of
sections 1229-c and 375 of the vehicle and traffic law, as amended by
sections one, two, and three of this act.
§ 5. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020, amending the vehicle and traf-
fic law relating to safety belt requirements for taxis and livery vehi-
cles, as proposed in legislative bills numbers S. 7134 and A. 8990,
takes effect; provided, however, that section three of this act shall
take effect one year after this act shall have become a law. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.