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A05400 Summary:

A05400 Actions:

A05400 Floor Votes:

A05400 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5400--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 25, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  THIELE, GUNTHER, JAFFEE, ABINANTI, BRINDISI,
          GALEF, PAULIN, STIRPE, FAHY -- Multi-Sponsored by -- M. of A. GOODELL,
          LIFTON, MAGEE, McDONALD, MILLER, SKARTADOS, WEISENBERG  --  read  once
          and  referred to the Committee on Transportation -- recommitted to the
          Committee on Transportation in accordance with Assembly Rule 3, sec. 2

          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  -- reported and referred to the
          Committee on Codes --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the vehicle and traffic law, in relation to the use of
          seatbelts by volunteer firefighters
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of subdivision 4 of section 1229-c of the
     2  vehicle and traffic law, as separately amended by chapters 232  and  509
     3  of the laws of 2004, is amended to read as follows:
     4    (a)  "motor  vehicle"  shall  include  all  motor  vehicles  which are
     5  required by section three hundred eighty-three of this chapter or  regu-

     6  lation or would be required if such motor vehicle were registered in New
     7  York  state  to be equipped by a safety belt but shall not include those
     8  vehicles which are used as school buses, as  such  term  is  defined  in
     9  section  one  hundred forty-two of this chapter and those vehicles which
    10  are authorized emergency vehicles, as such term is  defined  in  section
    11  one hundred one of this chapter, provided, however, that for purposes of
    12  this  section,  "motor  vehicle"  shall also include fire vehicles owned
    13  and/or operated by a fire company  as  defined  by  subdivision  two  of
    14  section  one  hundred  of the general municipal law and ambulances owned
    15  and/or operated by a voluntary ambulance service as defined by  subdivi-
    16  sion three of section one hundred of the general municipal law;
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08936-06-4
        A. 5400--B                          2
 
     1    § 2. Subdivision 3-a of section 1229-c of the vehicle and traffic law,
     2  as amended by chapter 403 of the laws of 2009, is renumbered subdivision
     3  3-b.
     4    §  3.  Section  1229-c  of  the  vehicle and traffic law is amended by
     5  adding a new subdivision 10-a to read as follows:
     6    10-a. Notwithstanding  the  provisions  of  subdivision  one  of  this
     7  section,  no person sixteen years of age or over shall be a passenger in
     8  the rear seat of a fire vehicle owned and/or operated by a fire  company

     9  as  defined  by  subdivision  two  of section one hundred of the general
    10  municipal law or in the rear seat of an ambulance owned and/or  operated
    11  by  a  voluntary  ambulance  service  as defined by subdivision three of
    12  section one hundred of the general municipal law unless such  person  is
    13  restrained  by  a  safety  belt  approved by the commissioner. Provided,
    14  however, that the provisions of this subdivision shall not apply: (a) to
    15  a passenger in the rear seat of such fire vehicle or ambulance  if  such
    16  seat  is  not  required to be equipped with safety belts pursuant to the
    17  provisions of section three hundred eighty-three of  this  chapter,  nor
    18  (b)  to  emergency  medical  personnel  during  the  course of providing

    19  patient care in the rear compartment of an ambulance in accordance  with
    20  applicable  patient care standards, guidelines and protocols established
    21  pursuant to article thirty of the public health law.
    22    § 4. Subdivision 5 of section 1229-c of the vehicle and  traffic  law,
    23  as  amended  by  chapter  241 of the laws of 2007, is amended to read as
    24  follows:
    25    5. Any person who violates the  provisions  of  subdivision  three  or
    26  ten-a  of  this section shall be punished by a civil fine of up to fifty
    27  dollars. Any person who violates the provisions of subdivision one, two,
    28  eleven or thirteen of this section shall be punished by a civil fine  of
    29  not  less  than  twenty-five  nor  more than one hundred dollars. In any
    30  prosecution or proceeding alleging  a  violation  of  paragraph  (b)  of

    31  subdivision  one or paragraph (c) of subdivision two of this section, it
    32  shall be an affirmative  defense  that  the  passenger  subject  to  the
    33  requirements  of  such  paragraphs  was  restrained by a safety belt and
    34  measures more than four feet nine inches in height  and/or  weighs  more
    35  than one hundred pounds.
    36    § 5. This act shall take effect on the first of November next succeed-
    37  ing the date on which it shall have become a law.