STATE OF NEW YORK ________________________________________________________________________ 5667 2023-2024 Regular Sessions IN ASSEMBLY March 20, 2023 ___________ Introduced by M. of A. LEVENBERG -- 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: 1 Section 1. Subdivisions 2, 5, 6 and 7 of section 1229-c of the vehicle 2 and traffic law, subdivision 2 as amended by chapter 18 of the laws of 3 2005, paragraph (c) of subdivision 2 and subdivision 6 as amended by 4 chapter 405 of the laws of 2009, subdivision 5 as amended by chapter 38 5 of the laws of 2020, and subdivision 7 as added by chapter 365 of the 6 laws of 1984, are amended to read as follows: 7 2. No person shall operate a motor vehicle unless all front seat 8 passengers (a) under the age of sixteen are restrained by a safety belt; 9 or (b) if they are under the age of four, by a specially designed seat 10 which is either permanently affixed or affixed to such vehicle by a 11 safety belt as required by subdivision one of this section, or in the 12 event that the weight of such passenger under the age of four exceeds 13 forty pounds, such passenger may be restrained (i) in an appropriate 14 child restraint system as defined in subdivision four of this section 15 used with combination lap safety and shoulder harness belts or (ii) by a 16 lap safety belt in the event such vehicle is not equipped with combina- 17 tion lap safety and shoulder harness belts or all the combination lap 18 safety and shoulder harness belts are being used to properly restrain 19 other passengers who are under the age of sixteen; or (c) if they are 20 age four or older but under age eight, (i) are restrained in an appro- 21 priate child restraint system as defined in subdivision four of this 22 section used with combination lap safety and shoulder harness belts or 23 (ii) are restrained in a lap safety belt in the event such vehicle is 24 not equipped with combination lap safety and shoulder harness belts or 25 all the combination lap safety and shoulder harness belts are being used 26 to properly restrain other passengers who are under the age of sixteen. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08863-01-3
A. 5667 2 1 Nothing contained in this subdivision shall be deemed to supersede the 2 requirements of subdivision two-a of this section. 3 5. Any person who violates the provisions of subdivision three, 4 three-c or ten-a of this section shall be punished by a civil fine of up 5 to fifty dollars. Any person who violates the provisions of subdivision 6 one, two, two-a, eleven or thirteen of this section shall be punished by 7 a civil fine of not less than twenty-five nor more than one hundred 8 dollars. In any prosecution or proceeding alleging a violation of para- 9 graph (b) of subdivision one or paragraph (c) of subdivision two of this 10 section, it shall be an affirmative defense that the passenger subject 11 to the requirements of such paragraphs was restrained by a safety belt 12 and measures more than four feet nine inches in height and/or weighs 13 more than one hundred pounds. In any prosecution or proceeding alleging 14 a violation of paragraph (b) or paragraph (c) of subdivision three-c of 15 this section, it shall be an affirmative defense that such taxi or 16 livery was in violation of subdivision four-b of section three hundred 17 eighty-three of this chapter. 18 6. The court shall waive any fine for which a person who violates the 19 provisions of this section would be liable with respect to passengers 20 under the age of eight if such person supplies the court with proof 21 that, between the date on which he is charged with having violated this 22 section and the appearance date for such violation, he purchased or 23 rented a child restraint system which meets the requirements of subdivi- 24 sion one of this section. Provided, however, that such waiver of fine 25 shall not apply to a second or subsequent conviction under this section, 26 nor a violation of subdivision two-a of this section. 27 7. The provisions of this section shall not apply to a passenger or 28 operator with a physically disabling condition whose physical disability 29 would prevent appropriate restraint in such safety seat or safety belt, 30 or to a passenger under the age of eight whose physical condition neces- 31 sitates that such passenger be seated in the front seat for medical or 32 safety reasons, provided, however, that such condition is duly certified 33 by a physician who shall state the nature of the [handicap] disability 34 or condition, as well as the reason such restraint is or rear seat 35 placement is inappropriate. 36 § 2. Section 1229-c of the vehicle and traffic law is amended by 37 adding a new subdivision 2-a to read as follows: 38 2-a. No person shall operate a motor vehicle with any passengers under 39 the age of eight seated in the front seat of such vehicle. Provided, 40 however, that such prohibition shall not apply if: (a) such motor vehi- 41 cle is not equipped with rear seats; or (b) the rear seat cannot accom- 42 modate the proper installation of the child safety seat or booster seat 43 in which such passenger is being transported, as determined by the 44 commissioner, or vehicle manufacturer, or child safety seat or booster 45 seat manufacturer; or (c) all other seat positions are occupied by other 46 occupants who are under the age of eight; or (d) such passenger under 47 the age of eight is exempt pursuant to the provisions of subdivision 48 seven of this section. 49 § 3. This act shall take effect on the first of January next succeed- 50 ing the date on which it shall have become a law; provided that any 51 person who violates the provisions of subdivision 2-a of section 1229-c 52 of the vehicle and traffic law, as added by section two of this act 53 within the twelve months following such effective date, shall be subject 54 to a warning but shall not be issued an appearance ticket and shall not 55 be liable for a fine.