S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8610
 
                             I N  S E N A T E
 
                             February 21, 2024
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  seat  belts
   on charter buses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1229-c of the vehicle and traffic law is amended by
 adding a new subdivision 3-d to read as follows:
   3-D. (A) NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL BE A  PASSENGER
 IN  A  CHARTER  BUS  UNLESS  SUCH  PERSON IS RESTRAINED BY A SAFETY BELT
 APPROVED BY THE COMMISSIONER.
   (B) NO PERSON EIGHT YEARS OF AGE OR OLDER BUT UNDER AGE SIXTEEN  SHALL
 BE  A  PASSENGER  IN A CHARTER BUS 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 GUAR-
 DIAN  OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE PRES-
 ENCE OF SUCH PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR GUARD-
 IAN IS EIGHTEEN YEARS OF AGE OR OLDER. 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. Paragraphs (b) and (c) 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, are amended and two new paragraphs (d) and (e) are
 added to read as follows:
   (b) "child restraint system" shall mean any device, used  in  conjunc-
 tion with safety belts, designed for use in a motor vehicle to restrain,
 seat,  or position children and which meets the applicable Federal Motor
 Vehicle Safety Standards set forth in 49 C.F.R. 571.213; [and]
   (c) "appropriate child restraint system" shall mean a child  restraint
 system  for which the occupant meets the occupant size and weight recom-
 mendations of the manufacturer of such system[.];
   (D) "CHARTER BUS" SHALL MEAN A BUS MANUFACTURED  OR  ASSEMBLED  ON  OR
 AFTER  NOVEMBER TWENTY-EIGHTH, TWO THOUSAND SIXTEEN TRANSPORTING PASSEN-
 GERS FOR COMPENSATION IN A CHARTERED PARTY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13986-01-4
 S. 8610                             2
 
   (E) "CHARTERED PARTY" SHALL MEAN A GROUP OF PERSONS WHO, PURSUANT TO A
 COMMON PURPOSE AND UNDER A SINGLE CONTRACT AND AT A FIXED  CHARGE,  HAVE
 ACQUIRED  EXCLUSIVE  USE  OF  A  BUS  TO TRAVEL TOGETHER AS A GROUP TO A
 SPECIFIC DESTINATION OR FOR A PARTICULAR ITINERARY EITHER AGREED UPON IN
 ADVANCE OR MODIFIED AFTER HAVING LEFT THE PLACE OF ORIGIN BY SUCH GROUP.
   § 3. Subdivisions 5 and 9 of section 1229-c of the vehicle and traffic
 law,  subdivision  5  as  amended  by  chapter 38   and subdivision 9 as
 amended by chapter 8 of the  laws  of  2020,  are  amended  to  read  as
 follows:
   5.  Any  person  who  violates  the  provisions  of subdivision three,
 three-c, THREE-D 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 safe-
 ty  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.  IN ANY PROSECUTION OR  PROCEEDING
 ALLEGING A VIOLATION OF SUBDIVISION THREE-D OF THIS SECTION, IT SHALL BE
 AN  AFFIRMATIVE DEFENSE THAT SUCH CHARTER BUS WAS NOT EQUIPPED WITH SEAT
 BELTS, OR SUCH SEAT BELTS WERE NOT CLEARLY VISIBLE, ACCESSIBLE, OR MAIN-
 TAINED IN GOOD WORKING ORDER.
   9. Notwithstanding the provisions of subdivision four of this section,
 (A) the provisions of this section shall not apply to buses  other  than
 school  buses,  EXCEPT  AS  OTHERWISE PROVIDED IN SUBDIVISION THREE-D OF
 THIS SECTION AND EXCEPT THAT THE PROVISIONS OF  SUBDIVISION  THREE-A  OF
 THIS  SECTION  SHALL BE APPLICABLE TO ANY PERSON OPERATING A CHARTER BUS
 AND TO CHARTER BUS PASSENGERS AGE EIGHT OR OLDER, and (B) the provisions
 of subdivisions one, two, three and three-a of this  section  shall  not
 apply  to  taxis  and liveries except that the provisions of subdivision
 three-a of this section shall be applicable to any  person  operating  a
 taxi or livery and to taxi and livery passengers age eight or older.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.