A05917 Summary:

BILL NOA05917
 
SAME ASNo Same As
 
SPONSORGalef (MS)
 
COSPNSRCusick, Gantt, Jaffee, Mosley, Weprin, D'Urso, Steck, Finch
 
MLTSPNSRCook, Englebright, Glick, Gottfried, Hyndman, McDonough, Miller ML, Niou, Ortiz, Paulin, Perry
 
Amd 1229-c, V & T L
 
Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases; makes limited exceptions.
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A05917 Actions:

BILL NOA05917
 
02/20/2019referred to transportation
04/09/2019reported referred to codes
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A05917 Committee Votes:

TRANSPORTATION Chair:Magnarelli DATE:04/09/2019AYE/NAY:21/2 Action: Favorable refer to committee Codes
MagnarelliAyeMcDonoughNay
PerryAyeDiPietroAye
LupardoAyeByrneNay
CrespoAyeMillerAye
ThieleAyeNorrisAye
BronsonAyeDeStefanoAye
SteckAyeWalczykAye
SimonAye
HunterAye
HyndmanAye
WilliamsAye
RyanExcused
WrightAbsent
FahyAye
FrontusAye
JacobsonAye
McMahonAye
RaynorAye

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A05917 Floor Votes:

There are no votes for this bill in this legislative session.
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A05917 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5917
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        Introduced  by  M.  of  A. GALEF, CUSICK, GANTT, JAFFEE, MOSLEY, WEPRIN,
          D'URSO, STECK, FINCH -- Multi-Sponsored by -- M. of  A.  COOK,  ENGLE-
          BRIGHT,  GLICK,  GOTTFRIED,  HYNDMAN,  McDONOUGH,  M. L. MILLER, NIOU,
          ORTIZ, PAULIN, PERRY -- read once and referred  to  the  Committee  on
          Transportation

        AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
          children under the age of eight from riding  as  a  passenger  in  the
          front seat of a motor vehicle except under limited circumstances
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 2, 5, 6 and 7 of section 1229-c of the vehicle
     2  and traffic law, subdivision 2 as amended by chapter 18 of the  laws  of
     3  2005,  paragraph  (c)  of  subdivision 2 and subdivision 6 as amended by
     4  chapter 405 of the laws of 2009, subdivision 5 as amended by chapter 340
     5  of the laws of 2017, and subdivision 7 as added by chapter  365  of  the
     6  laws of 1984, are amended to read as follows:
     7    2.  No  person  shall  operate  a  motor vehicle unless all front seat
     8  passengers (a) under the age of sixteen are restrained by a safety belt;
     9  or (b) if they are under the age of four, by a specially  designed  seat
    10  which  is  either  permanently  affixed  or affixed to such vehicle by a
    11  safety belt as required by subdivision one of this section,  or  in  the
    12  event  that  the  weight of such passenger under the age of four exceeds
    13  forty pounds, such passenger may be restrained  (i)  in  an  appropriate
    14  child  restraint  system  as defined in subdivision four of this section
    15  used with combination lap safety and shoulder harness belts or (ii) by a
    16  lap safety belt in the event such vehicle is not equipped with  combina-
    17  tion  lap  safety  and shoulder harness belts or all the combination lap
    18  safety and shoulder harness belts are being used  to  properly  restrain
    19  other  passengers  who  are under the age of sixteen; or (c) if they are
    20  age four or older but under age eight, (i) are restrained in  an  appro-
    21  priate  child  restraint  system  as defined in subdivision four of this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07313-02-9

        A. 5917                             2
 
     1  section used with combination lap safety and shoulder harness  belts  or
     2  (ii)  are  restrained  in a lap safety belt in the event such vehicle is
     3  not equipped with combination lap safety and shoulder harness  belts  or
     4  all the combination lap safety and shoulder harness belts are being used
     5  to  properly restrain other passengers who are under the age of sixteen.
     6  Nothing contained in this subdivision shall be deemed to  supersede  the
     7  requirements of subdivision two-a of this section.
     8    5.  Any  person  who  violates  the  provisions  of subdivision three,
     9  three-c or ten-a of this section shall be punished by a civil fine of up
    10  to fifty dollars. Any person who violates the provisions of  subdivision
    11  one, two, two-a, eleven or thirteen of this section shall be punished by
    12  a  civil  fine  of  not  less than twenty-five nor more than one hundred
    13  dollars. In any prosecution or proceeding alleging a violation of  para-
    14  graph (b) of subdivision one or paragraph (c) of subdivision two of this
    15  section,  it  shall be an affirmative defense that the passenger subject
    16  to the requirements of such paragraphs was restrained by a  safety  belt
    17  and  measures  more  than  four feet nine inches in height and/or weighs
    18  more than one hundred pounds. In any prosecution or proceeding  alleging
    19  a  violation of paragraph (b) of subdivision three-c of this section, it
    20  shall be an  affirmative  defense  that  such  taxi  or  livery  was  in
    21  violation of subdivision four-b of section three hundred eighty-three of
    22  this chapter.
    23    6.  The court shall waive any fine for which a person who violates the
    24  provisions of this section would be liable with  respect  to  passengers
    25  under  the  age  of  eight  if such person supplies the court with proof
    26  that, between the date on which he is charged with having violated  this
    27  section  and  the  appearance  date  for such violation, he purchased or
    28  rented a child restraint system which meets the requirements of subdivi-
    29  sion one of this section. Provided, however, that such  waiver  of  fine
    30  shall not apply to a second or subsequent conviction under this section,
    31  nor a violation of subdivision two-a of this section.
    32    7.  The  provisions  of this section shall not apply to a passenger or
    33  operator with a physically disabling condition whose physical disability
    34  would prevent appropriate restraint in such safety seat or safety  belt,
    35  or to a passenger under the age of eight whose physical condition neces-
    36  sitates  that  such passenger be seated in the front seat for medical or
    37  safety reasons, provided, however, that such condition is duly certified
    38  by a physician who shall state the nature of the  [handicap]  disability
    39  or  condition,  as  well  as  the  reason such restraint is or rear seat
    40  placement is inappropriate.
    41    § 2. Section 1229-c of the vehicle  and  traffic  law  is  amended  by
    42  adding a new subdivision 2-a to read as follows:
    43    2-a. No person shall operate a motor vehicle with any passengers under
    44  the  age  of  eight seated in the front seat of such vehicle.  Provided,
    45  however, that such prohibition shall not apply if: (a) such motor  vehi-
    46  cle  is not equipped with rear seats; or (b) the rear seat cannot accom-
    47  modate the proper installation of the child safety seat or booster  seat
    48  in  which  such  passenger  is  being  transported, as determined by the
    49  commissioner, or vehicle manufacturer, or child safety seat  or  booster
    50  seat manufacturer; or (c) all other seat positions are occupied by other
    51  occupants  who  are  under the age of eight; or (d) such passenger under
    52  the age of eight is exempt pursuant to  the  provisions  of  subdivision
    53  seven of this section.
    54    §  3. This act shall take effect on the first of January next succeed-
    55  ing the date on which it shall have become  a  law;  provided  that  any
    56  person  who violates the provisions of subdivision 2-a of section 1229-c

        A. 5917                             3
 
     1  of the vehicle and traffic law, as added by  section  two  of  this  act
     2  within the twelve months following such effective date, shall be subject
     3  to  a warning but shall not be issued an appearance ticket and shall not
     4  be liable for a fine.
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