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S08660 Summary:

BILL NOS08660
 
SAME ASSAME AS A05915
 
SPONSORSTEC
 
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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S08660 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8660
 
                    IN SENATE
 
                                     January 7, 2026
                                       ___________
 
        Introduced  by  Sen.  STEC  --  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 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
    23  subparagraph  and  make such records available for review by the depart-
    24  ment and the department of transportation;
    25    (iii)  such  person,  prior  to  operating  such  commercial  vehicle,
    26  conducts  safety  briefings  to  inform  passengers of the importance of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09604-01-5

        S. 8660                             2
 
     1  wearing safety belts, proper use of safety belts, and  risks  associated
     2  with not wearing safety belts.
     3    (b) No person shall be a passenger in a commercial vehicle unless such
     4  passenger is restrained by a safety belt approved by the commissioner.
     5    §  4. Paragraphs (d) and (e) of subdivision 4 of section 1229-c of the
     6  vehicle and traffic law, as added by chapter 434 of the  laws  of  2024,
     7  are  amended  and  two new subdivisions (f) and (g) are added to read as
     8  follows:
     9    (d) "charter bus" shall mean a bus manufactured  or  assembled  on  or
    10  after  November twenty-eighth, two thousand sixteen transporting passen-
    11  gers for compensation in a chartered party; [and]
    12    (e) "chartered party" shall mean a group of persons who, pursuant to a
    13  common purpose and under a single contract and at a fixed  charge,  have
    14  acquired  exclusive  use  of  a  bus  to travel together as a group to a
    15  specific destination or for a particular itinerary either agreed upon in
    16  advance or modified after having  left  the  place  of  origin  by  such
    17  group[.];
    18    (f) "commercial vehicle" shall mean any vehicle used to transport more
    19  than  eight passengers, including the driver, whether or not for compen-
    20  sation, and shall include charter buses; and
    21    (g) "safety belt" shall mean any restraint system designed  to  secure
    22  an  occupant of a vehicle and reduce the risk of injury to such occupant
    23  in the event of a collision.
    24    § 5. Subdivisions 5 and 9 of section 1229-c of the vehicle and traffic
    25  law, as amended by chapter 434 of the laws of 2024, is amended  to  read
    26  as follows:
    27    5.  Any  person  who  violates  the  provisions  of subdivision three,
    28  three-c, three-d, three-e or ten-a of this section shall be punished  by
    29  a  civil  fine  of  up  to  fifty  dollars.  Any person who violates the
    30  provisions of subdivision one, two, eleven or thirteen of  this  section
    31  shall  be punished by a civil fine of not less than twenty-five nor more
    32  than one hundred dollars. In any prosecution or  proceeding  alleging  a
    33  violation of paragraph (b) of subdivision one or paragraph (c) of subdi-
    34  vision  two of this section, it shall be an affirmative defense that the
    35  passenger subject to the requirements of such paragraphs was  restrained
    36  by  a safety belt and measures more than four feet nine inches in height
    37  and/or weighs more than  one  hundred  pounds.  In  any  prosecution  or
    38  proceeding  alleging  a  violation  of paragraph (b) or paragraph (c) of
    39  subdivision three-c of this section, it shall be an affirmative  defense
    40  that  such  taxi  or  livery  was  in violation of subdivision four-b of
    41  section three hundred eighty-three of this chapter. In  any  prosecution
    42  or  proceeding  alleging  a  violation  of  subdivision  three-d of this
    43  section, it shall be an affirmative defense that such  charter  bus  was
    44  not  equipped with seat belts, or such seat belts were not clearly visi-
    45  ble, accessible, or maintained in good working order.
    46    9. Notwithstanding the provisions of subdivision four of this section,
    47  (a) the provisions of this section shall not apply to buses  other  than
    48  school buses, except as otherwise provided in [subdivision] subdivisions
    49  three-d  and  three-e  of this section and except that the provisions of
    50  subdivision three-a of this section shall be applicable  to  any  person
    51  operating  a  charter  bus  and  to  charter bus passengers age eight or
    52  older, and (b) the  provisions  of  subdivisions  one,  two,  three  and
    53  three-a  of  this  section  shall not apply to taxis and liveries except
    54  that the provisions of subdivision three-a  of  this  section  shall  be
    55  applicable  to  any  person  operating  a taxi or livery and to taxi and
    56  livery passengers age eight or older.

        S. 8660                             3
 
     1    § 6. Section 14 of the transportation law is amended by adding  a  new
     2  subdivision 37 to read as follows:
     3    37.  To  develop  and distribute, in collaboration with transportation
     4  unions and associations, educational materials to promote seat belt  use
     5  and safe seat belt practices.
     6    § 7. This act shall take effect on the one hundred eightieth day after
     7  it  shall  have  become a law; provided, however, that if chapter 434 of
     8  the laws of 2024 shall not have taken effect on or before such date then
     9  sections four and five of this act shall take effect on  the  same  date
    10  and  in  the  same  manner  as  such  chapter of the laws of 2024, takes
    11  effect.  Effective immediately, the addition, amendment and/or repeal of
    12  any rule or regulation necessary for the implementation of this  act  on
    13  its  effective date are authorized to be made and completed on or before
    14  such effective date.
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