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A05915 Summary:

BILL NOA05915
 
SAME ASNo Same As
 
SPONSORGray
 
COSPNSR
 
MLTSPNSR
 
Amd §1229-c, V & T L; amd §14, Transp L
 
Relates to enacting the "comprehensive passenger safety enhancement act" to enhance passenger safety in commercial passenger vehicles.
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A05915 Text:



 
                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.
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