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A01626 Summary:

BILL NOA01626
 
SAME ASSAME AS S00890
 
SPONSORPaulin
 
COSPNSRColton, Seawright, Thiele, McDonough
 
MLTSPNSR
 
Amd §1229-c, V & T L
 
Requires that no person under four years of age shall be a passenger in a taxi or livery unless such person is restrained by a child restraint system; requires that no person four years of age or older but under age eight shall be a passenger in a taxi or livery unless such person is restrained in an appropriate child restraint system; establishes violations of such provisions shall be punished by a civil fine of up to fifty dollars.
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A01626 Actions:

BILL NOA01626
 
01/17/2023referred to transportation
01/03/2024referred to transportation
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A01626 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1626
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring certain child passengers in a taxi or livery to be restrained by a child restraint system   PURPOSE: To require that children under eight years of age are secured in an appropriate car seat or booster seat while riding in a taxi or limou- sine.   SUMMARY OF PROVISIONS: Section one amends subdivision 3-c of section 1229-c of the vehicle and traffic law by adding two new paragraphs, (d) and (e), which provide that no person under four years of age and no person four years of age or older but under age eight shall be a passenger in a taxi or livery unless such person is restrained in a child restraint system. Section two amends Subdivision 5 of section 1229-c of the vehicle and traffic law by adding paragraph (e) of subdivision three-c of that section to the listed paragraphs, such that in any prosecution or proceeding alleging a violation of that paragraph it shall be an affir- mative defense that the passenger subject to the requirements of such paragraph was restrained by a safety belt and measures more than four feet nine inches in height and/or weighs more than one hundred pounds, and by adding paragraph (d) and paragraph (e) of subdivision three-c of that section to the listed paragraphs, such that in any prosecution or proceeding alleging a violation of either of those paragraphs, 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 that chap- ter. Section three provides the effective date.   JUSTIFICATION: In 2020 a package of limousine safety measures was enacted, which required that all passengers over the age of eight must be restrained by a safety belt before a person can operate a taxi or livery. This bill will fill the gap for children younger than eight years of age by requiring them to be restrained by the appropriate child restraint system while riding in a taxi or livery. The CDC reports that using age- and size-appropriate car and booster seats can decrease the likelihood of serious injury and death by 50 percent. New York State has long recognized the importance of car seats and booster seats by requiring that children under eight are secured in an appropriate child restraint system when riding as passengers in regu- lar cars. This bill will ensure that the smallest and most vulnerable passengers, children under 8 years of age, are in a car seat regardless of the type of car they ride in.   LEGISLATIVE HISTORY: A.6188 of 2021 and 2022, referred to transportation. Same as S.8020 of 2021 and 2022, referred to transportation.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately
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A01626 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1626
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M. of A. PAULIN, COLTON, SEAWRIGHT, THIELE, McDONOUGH --
          read once and referred to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          certain  child  passengers  in  a taxi or livery to be restrained by a
          child restraint system

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 3-c of section 1229-c of the vehicle and traf-
     2  fic law is amended by adding two new paragraphs (d) and (e) to  read  as
     3  follows:
     4    (d)  No  person under four years of age shall be a passenger in a taxi
     5  or livery unless such person is restrained in a child  restraint  system
     6  as  defined  in  paragraph  (b)  of  subdivision four of this section. A
     7  police officer shall only issue a summons for a violation of this  para-
     8  graph  to the parent or guardian of such person if the violation by such
     9  person occurs in the presence of such person's parent  or  guardian  and
    10  where  such  parent  or  guardian is eighteen years of age or more. Such
    11  summons shall only be issued to such parent or guardian and shall not be
    12  issued to the person under four years of age.
    13    (e) No person four years of age or older but under age eight shall  be
    14  a  passenger  in a taxi or livery unless such person is restrained in an
    15  appropriate child restraint system as defined in paragraph (c) of subdi-
    16  vision four of this section. A police officer shall only issue a summons
    17  for a violation of this paragraph to the  parent  or  guardian  of  such
    18  person  if  the  violation by such person occurs in the presence of such
    19  person's parent or guardian and where such parent or guardian  is  eigh-
    20  teen  years  of  age  or more. Such summons shall only be issued to such
    21  parent or guardian and shall not be issued to  the  person  under  eight
    22  years of age.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03642-01-3

        A. 1626                             2
 
     1    §  2.  Subdivision 5 of section 1229-c of the vehicle and traffic law,
     2  as amended by chapter 38 of the laws of 2020,  is  amended  to  read  as
     3  follows:
     4    5.  Any  person  who  violates  the  provisions  of subdivision three,
     5  three-c or ten-a of this section shall be punished by a civil fine of up
     6  to fifty dollars. Any person who violates the provisions of  subdivision
     7  one,  two,  eleven  or  thirteen  of this section shall be punished by a
     8  civil fine of not less  than  twenty-five  nor  more  than  one  hundred
     9  dollars.  In any prosecution or proceeding alleging a violation of para-
    10  graph (b) of subdivision one [or], paragraph (c) of subdivision two,  or
    11  paragraph  (e)  of  subdivision  three-c of this section, it shall be an
    12  affirmative defense that the passenger subject to  the  requirements  of
    13  such  paragraphs  was restrained by a safety belt and measures more than
    14  four feet nine inches in height and/or  weighs  more  than  one  hundred
    15  pounds.  In  any prosecution or proceeding alleging a violation of para-
    16  graph (b) [or], paragraph (c), paragraph (d) or paragraph (e) of  subdi-
    17  vision  three-c of this section, it shall be an affirmative defense that
    18  such taxi or livery was in violation of subdivision  four-b  of  section
    19  three hundred eighty-three of this chapter.
    20    § 3. This act shall take effect on the first of November next succeed-
    21  ing the date on which it shall have become a law.
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