STATE OF NEW YORK
________________________________________________________________________
8100
2017-2018 Regular Sessions
IN ASSEMBLY
May 26, 2017
___________
Introduced by M. of A. GALEF, McDONOUGH -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring a
child under the age of two in certain circumstances to be secured in a
rear-facing 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 1 of section 1229-c of the vehicle and traffic
2 law, as amended by chapter 18 of the laws of 2005, paragraph (b) as
3 amended by chapter 405 of the laws of 2009, is amended to read as
4 follows:
5 1. No person shall operate a motor vehicle in this state unless: (a)
6 all back seat passengers of such vehicle under the age of four are
7 restrained in a specially designed seat which meets the Federal Motor
8 Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is
9 either permanently affixed or is affixed to such vehicle by a safety
10 belt[, or] and which shall be rear-facing whenever the passenger being
11 restrained in such seat is under the age of two except that in the event
12 that the weight or height of such passenger under the age of two exceeds
13 the occupant size and weight recommendations of the manufacturer of such
14 rear-facing seat, such seat may be forward-facing; provided, however,
15 that in the event that the weight of such passenger under the age of
16 four exceeds forty pounds, such passenger may be restrained (i) in an
17 appropriate child restraint system as defined in subdivision four of
18 this section used with combination lap safety and shoulder harness belts
19 or (ii) by a lap safety belt in the event such vehicle is not equipped
20 with combination lap safety and shoulder harness belts or all the combi-
21 nation lap safety and shoulder harness belts are being used to properly
22 restrain other passengers who are under the age of sixteen; (b) all back
23 seat passengers of such vehicle who are age four or older but under age
24 eight (i) are restrained in an appropriate child restraint system as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03046-02-7
A. 8100 2
1 defined in subdivision four of this section used with combination lap
2 and shoulder harness belts or (ii) are restrained in a lap safety belt
3 in the event such vehicle is not equipped with combination lap safety
4 and shoulder harness belts or all the combination lap safety and shoul-
5 der harness belts are being used to properly restrain other passengers
6 who are under the age of sixteen; or (c) in the case of any other back
7 seat passenger under the age of sixteen, he or she is restrained by a
8 safety belt approved by the commissioner.
9 § 2. This act shall take effect November 1, 2019.
