New York 2025-2026 Regular Session

New York Assembly Bill A05915 Latest Draft

Bill / Introduced Version Filed 02/24/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 5915 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. GRAY -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the transportation law, in relation to establishing mandatory safety belt use, pre-trip safety briefings, and regular safety belt inspections for commercial passen- ger vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "comprehensive passenger safety enhancement act". 3 § 2. Legislative purpose. The legislature finds that enhanced safety 4 measures for passengers in commercially operated vehicles are essential 5 to reduce injuries and fatalities. In alignment with recommendations 6 from the National Transportation Safety Board (NTSB) following the fatal 7 2023 bus and truck collision in Louisville, NY, this act aims to improve 8 passenger safety by mandating seat belt use, conducting pre-trip safety 9 briefings, requiring regular inspections, and enforcing stricter compli- 10 ance measures. 11 § 3. Section 1229-c of the vehicle and traffic law is amended by 12 adding a new subdivision 3-e to read as follows: 13 3-e. (a) Notwithstanding the provisions of subdivision three-d of this 14 section, no person shall operate a commercial vehicle in this state 15 unless: 16 (i) such person is restrained by a safety belt approved by the commis- 17 sioner, and all passengers are restrained by a safety belt approved by 18 the commissioner; 19 (ii) such person conducts regular inspections of all safety belts in 20 such commercial vehicle to ensure the functionality, accessibility, and 21 proper maintenance of such safety belts. Such person shall maintain 22 records of all safety belt inspections conducted pursuant to this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09604-01-5 

 A. 5915 2 1 subparagraph and make such records available for review by the depart- 2 ment and the department of transportation; 3 (iii) such person, prior to operating such commercial vehicle, 4 conducts safety briefings to inform passengers of the importance of 5 wearing safety belts, proper use of safety belts, and risks associated 6 with not wearing safety belts. 7 (b) No person shall be a passenger in a commercial vehicle unless such 8 passenger is restrained by a safety belt approved by the commissioner. 9 § 4. Paragraphs (d) and (e) of subdivision 4 of section 1229-c of the 10 vehicle and traffic law, as added by chapter 434 of the laws of 2024, 11 are amended and two new subdivisions (f) and (g) are added to read as 12 follows: 13 (d) "charter bus" shall mean a bus manufactured or assembled on or 14 after November twenty-eighth, two thousand sixteen transporting passen- 15 gers for compensation in a chartered party; [and] 16 (e) "chartered party" shall mean a group of persons who, pursuant to a 17 common purpose and under a single contract and at a fixed charge, have 18 acquired exclusive use of a bus to travel together as a group to a 19 specific destination or for a particular itinerary either agreed upon in 20 advance or modified after having left the place of origin by such 21 group[.]; 22 (f) "commercial vehicle" shall mean any vehicle used to transport more 23 than eight passengers, including the driver, whether or not for compen- 24 sation, and shall include charter buses; and 25 (g) "safety belt" shall mean any restraint system designed to secure 26 an occupant of a vehicle and reduce the risk of injury to such occupant 27 in the event of a collision. 28 § 5. Subdivisions 5 and 9 of section 1229-c of the vehicle and traffic 29 law, as amended by chapter 434 of the laws of 2024, is amended to read 30 as follows: 31 5. Any person who violates the provisions of subdivision three, 32 three-c, three-d, three-e or ten-a of this section shall be punished by 33 a civil fine of up to fifty dollars. Any person who violates the 34 provisions of subdivision one, two, eleven or thirteen of this section 35 shall be punished by a civil fine of not less than twenty-five nor more 36 than one hundred dollars. In any prosecution or proceeding alleging a 37 violation of paragraph (b) of subdivision one or paragraph (c) of subdi- 38 vision two of this section, it shall be an affirmative defense that the 39 passenger subject to the requirements of such paragraphs was restrained 40 by a safety belt and measures more than four feet nine inches in height 41 and/or weighs more than one hundred pounds. In any prosecution or 42 proceeding alleging a violation of paragraph (b) or paragraph (c) of 43 subdivision three-c of this section, it shall be an affirmative defense 44 that such taxi or livery was in violation of subdivision four-b of 45 section three hundred eighty-three of this chapter. In any prosecution 46 or proceeding alleging a violation of subdivision three-d of this 47 section, it shall be an affirmative defense that such charter bus was 48 not equipped with seat belts, or such seat belts were not clearly visi- 49 ble, accessible, or maintained in good working order. 50 9. Notwithstanding the provisions of subdivision four of this section, 51 (a) the provisions of this section shall not apply to buses other than 52 school buses, except as otherwise provided in [subdivision] subdivisions 53 three-d and three-e of this section and except that the provisions of 54 subdivision three-a of this section shall be applicable to any person 55 operating a charter bus and to charter bus passengers age eight or 56 older, and (b) the provisions of subdivisions one, two, three and 

 A. 5915 3 1 three-a of this section shall not apply to taxis and liveries except 2 that the provisions of subdivision three-a of this section shall be 3 applicable to any person operating a taxi or livery and to taxi and 4 livery passengers age eight or older. 5 § 6. Section 14 of the transportation law is amended by adding a new 6 subdivision 37 to read as follows: 7 37. To develop and distribute, in collaboration with transportation 8 unions and associations, educational materials to promote seat belt use 9 and safe seat belt practices. 10 § 7. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law; provided, however, that if chapter 434 of 12 the laws of 2024 shall not have taken effect on or before such date then 13 sections four and five of this act shall take effect on the same date 14 and in the same manner as such chapter of the laws of 2024, takes 15 effect. Effective immediately, the addition, amendment and/or repeal of 16 any rule or regulation necessary for the implementation of this act on 17 its effective date are authorized to be made and completed on or before 18 such effective date.