STATE OF NEW YORK
________________________________________________________________________
3565
2025-2026 Regular Sessions
IN SENATE
January 28, 2025
___________
Introduced by Sen. CLEARE -- 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 requiring
rear occupant alert systems in certain vehicles; and providing for the
repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 375 of the vehicle and traffic law is amended by
2 adding a new subdivision 58 to read as follows:
3 58. Rear occupant alert systems. It shall be unlawful for any person,
4 firm, association or corporation to sell or offer for sale in this state
5 a new passenger motor vehicle weighing less than ten thousand pounds
6 gross vehicle weight which is to be registered in this state and which
7 was manufactured or assembled one year or more after the date upon which
8 the national highway traffic safety administration promulgates final
9 regulations establishing standards for rear occupant alert systems, and
10 designated as a vehicle for such model year or as a newer model year
11 vehicle, unless such vehicle is equipped with a rear occupant alert
12 system. For the purposes of this subdivision, "rear occupant alert
13 system" shall mean a system to alert the operator to check rear-desig-
14 nated seating positions after the vehicle engine or motor is deactivated
15 by the operator, and the term "passenger motor vehicle" shall include
16 only those motor vehicles capable of being registered pursuant to subdi-
17 vision six of section four hundred one of this chapter which have rear
18 seats.
19 § 2. Severability. If any clause, sentence, subdivision, paragraph,
20 section or part of this act be adjudged by any court of competent juris-
21 diction to be invalid, or if any federal agency determines in writing
22 that this act would render New York state ineligible for the receipt of
23 federal funds, such judgment or written determination shall not affect,
24 impair or invalidate the remainder thereof, but shall be confined in its
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05283-01-5
S. 3565 2
1 operation to the clause, sentence, subdivision, paragraph, section or
2 part thereof directly involved in the controversy in which such judgment
3 or written determination shall have been rendered.
4 § 3. This act shall take effect immediately; provided, however, that
5 this act shall be deemed repealed if any federal agency determines in
6 writing that this act would render New York state ineligible for the
7 receipt of federal funds or any court of competent jurisdiction finally
8 determines that this act would render New York state out of compliance
9 with federal law or regulation; provided that the commissioner of motor
10 vehicles or the commissioner of transportation shall notify the legisla-
11 tive bill drafting commission upon the occurrence of any federal agency
12 determining in writing that this act would render New York state ineli-
13 gible for the receipt of federal funds or any court of competent juris-
14 diction finally determines that this act would render New York state out
15 of compliance with federal law or regulation in order that the commis-
16 sion may maintain an accurate and timely effective data base of the
17 official text of the laws of the state of New York in furtherance of
18 effectuating the provisions of section 44 of the legislative law and
19 section 70-b of the public officers law. Effective immediately, the
20 addition, amendment and/or repeal of any rule or regulation necessary
21 for the implementation of this act on its effective date are authorized
22 to be made and completed on or before such effective date.