S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    753
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. GALEF, CUSICK, WEPRIN, STECK -- Multi-Sponsored
   by -- M. of A.  COOK, ENGLEBRIGHT, GLICK,  GOTTFRIED,  HYNDMAN,  McDO-
   NOUGH,  NIOU, PAULIN, PERRY -- read once and referred 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 38
 of the laws of 2020, 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.
                                                            LBD05424-01-1

 A. 753                              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) 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.
   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
 THE  AGE  OF  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

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 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.