§ 1229-C — Operation of vehicles with safety seats and safety belts

§ 1229-c. Operation of vehicles with safety seats and safety belts.\n1. No person shall operate a motor vehicle in this state unless: (a) all\nback seat passengers of such vehicle under the age of four are\nrestrained in a specially designed seat which meets the Federal Motor\nVehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is\neither permanently affixed or is affixed to such vehicle by a safety\nbelt and which shall be rear-facing whenever the passenger being\nrestrained in such seat is under the age of two except that in the event\nthat the weight or height of such passenger under the age of two exceeds\nthe occupant size and weight recommendations of the manufacturer of such\nrear-facing seat, such seat may be forward-facing; provided, however,\nthat in the event that the weight of such passenger under the age of\nfour exceeds forty pounds, such passenger may be restrained (i) in an\nappropriate child restraint system as defined in subdivision four of\nthis section used with combination lap safety and shoulder harness belts\nor (ii) by a lap safety belt in the event such vehicle is not equipped\nwith combination lap safety and shoulder harness belts or all the\ncombination lap safety and shoulder harness belts are being used to\nproperly restrain other passengers who are under the age of sixteen; (b)\nall back seat passengers of such vehicle who are age four or older but\nunder age eight (i) are restrained in an appropriate child restraint\nsystem as defined in subdivision four of this section used with\ncombination lap and shoulder harness belts or (ii) are restrained in a\nlap safety belt in the event such vehicle is not equipped with\ncombination lap safety and shoulder harness belts or all the combination\nlap safety and shoulder harness belts are being used to properly\nrestrain other passengers who are under the age of sixteen; or (c) in\nthe case of any other back seat passenger under the age of sixteen, he\nor she is restrained by a safety belt approved by the commissioner.\n 2. No person shall operate a motor vehicle unless all front seat\npassengers (a) under the age of sixteen are restrained by a safety belt;\nor (b) if they are under the age of four, by a specially designed seat\nwhich is either permanently affixed or affixed to such vehicle by a\nsafety belt as required by subdivision one of this section, or in the\nevent that the weight of such passenger under the age of four exceeds\nforty pounds, such passenger may be restrained (i) in an appropriate\nchild restraint system as defined in subdivision four of this section\nused with combination lap safety and shoulder harness belts or (ii) by a\nlap safety belt in the event such vehicle is not equipped with\ncombination lap safety and shoulder harness belts or all the combination\nlap safety and shoulder harness belts are being used to properly\nrestrain other passengers who are under the age of sixteen; or (c) if\nthey are age four or older but under age eight, (i) are restrained in an\nappropriate child restraint system as defined in subdivision four of\nthis section used with combination lap safety and shoulder harness belts\nor (ii) are restrained in a lap safety belt in the event such vehicle is\nnot equipped with combination lap safety and shoulder harness belts or\nall the combination lap safety and shoulder harness belts are being used\nto properly restrain other passengers who are under the age of sixteen.\n 3. No person shall operate a motor vehicle unless such person is\nrestrained by a safety belt approved by the commissioner. No person\nsixteen years of age or over shall be a passenger in a motor vehicle\nunless such person is restrained by a safety belt approved by the\ncommissioner.\n 3-a. Except as otherwise provided for passengers under the age of\nfour, it shall be a violation of this section if a person is seated in a\nseating position equipped with both a lap safety belt and a shoulder\nharness belt and such person is not restrained by both such lap safety\nbelt and shoulder harness belt.\n 3-b. No person holding a class DJ learner's permit or class DJ license\nissued pursuant to section five hundred two of this chapter, shall\noperate a motor vehicle in this state unless such person is restrained\nby a safety belt approved by the commissioner, and all passengers under\nthe age of four are restrained in a specially designed seat which meets\nthe federal motor vehicle safety standards set forth in 49 C.F.R.\n571.213 and which is either permanently affixed or is affixed to such\nvehicle by a safety belt and, in the case of any other passenger under\nthe age of sixteen, he or she is restrained by a safety belt approved by\nthe commissioner. No person sixteen years of age or over shall be a\npassenger in a motor vehicle operated by a person holding a class DJ\nlearner's permit, a class DJ license or a limited class DJ license\nunless such passenger is restrained by a safety belt approved by the\ncommissioner.\n 3-c. (a) No person shall operate a taxi or livery unless such person\nis restrained by a safety belt approved by the commissioner.\n (b) No person sixteen years of age or over shall be a passenger in a\ntaxi or livery unless such person is restrained by a safety belt\napproved by the commissioner.\n (c) No person eight years of age or older but under age sixteen shall\nbe a passenger in a taxi or livery unless such person is restrained by a\nsafety belt approved by the commissioner. A police officer shall only\nissue a summons for a violation of this paragraph to the parent or\nguardian of such person if the violation by such person occurs in the\npresence of such person's parent or guardian and where such parent or\nguardian is eighteen years of age or more. Such summons shall only be\nissued to such parent or guardian and shall not be issued to the person\neight years of age or older but under age sixteen.\n 3-d. (a) No person sixteen years of age or older shall be a passenger\nin a charter bus unless such person is restrained by a safety belt\napproved by the commissioner.\n (b) No person eight years of age or older but under age sixteen shall\nbe a passenger in a charter bus unless such person is restrained by a\nsafety belt approved by the commissioner. A police officer shall only\nissue a summons for a violation of this paragraph to the parent or\nguardian of such person if the violation by such person occurs in the\npresence of such person's parent or guardian and where such parent or\nguardian is eighteen years of age or older. Such summons shall only be\nissued to such parent or guardian and shall not be issued to the person\neight years of age or older but under age sixteen.\n 4. For the purposes of this section, the following terms shall have\nthe following meanings: (a) "motor vehicle" shall include all motor\nvehicles which are required by section three hundred eighty-three of\nthis chapter or regulation or would be required if such motor vehicle\nwere registered in New York state to be equipped by a safety belt but\nshall not include those vehicles which are used as school buses, as such\nterm is defined in section one hundred forty-two of this chapter and\nthose vehicles which are authorized emergency vehicles, as such term is\ndefined in section one hundred one of this chapter, provided, however,\nthat for purposes of this section, "motor vehicle" shall also include\nfire vehicles owned and/or operated by a fire company as defined by\nsubdivision two of section one hundred of the general municipal law and\nambulances owned and/or operated by a voluntary ambulance service as\ndefined by subdivision three of section one hundred of the general\nmunicipal law;\n (b) "child restraint system" shall mean any device, used in\nconjunction with safety belts, designed for use in a motor vehicle to\nrestrain, seat, or position children and which meets the applicable\nFederal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213;\n (c) "appropriate child restraint system" shall mean a child restraint\nsystem for which the occupant meets the occupant size and weight\nrecommendations of the manufacturer of such system;\n (d) "charter bus" shall mean a bus manufactured or assembled on or\nafter November twenty-eighth, two thousand sixteen transporting\npassengers for compensation in a chartered party; and\n (e) "chartered party" shall mean a group of persons who, pursuant to a\ncommon purpose and under a single contract and at a fixed charge, have\nacquired exclusive use of a bus to travel together as a group to a\nspecific destination or for a particular itinerary either agreed upon in\nadvance or modified after having left the place of origin by such group.\n 5. Any person who violates the provisions of subdivision three,\nthree-c, three-d or ten-a of this section shall be punished by a civil\nfine of up to fifty dollars. Any person who violates the provisions of\nsubdivision one, two, eleven or thirteen of this section shall be\npunished by a civil fine of not less than twenty-five nor more than one\nhundred dollars. In any prosecution or proceeding alleging a violation\nof paragraph (b) of subdivision one or paragraph (c) of subdivision two\nof this section, it shall be an affirmative defense that the passenger\nsubject to the requirements of such paragraphs was restrained by a\nsafety belt and measures more than four feet nine inches in height\nand/or weighs more than one hundred pounds. In any prosecution or\nproceeding alleging a violation of paragraph (b) or paragraph (c) of\nsubdivision three-c of this section, it shall be an affirmative defense\nthat such taxi or livery was in violation of subdivision four-b of\nsection three hundred eighty-three of this chapter. In any prosecution\nor proceeding alleging a violation of subdivision three-d of this\nsection, it shall be an affirmative defense that such charter bus was\nnot equipped with seat belts, or such seat belts were not clearly\nvisible, accessible, or maintained in good working order.\n 6. The court shall waive any fine for which a person who violates the\nprovisions of this section would be liable with respect to passengers\nunder the age of eight if such person supplies the court with proof\nthat, between the date on which he is charged with having violated this\nsection and the appearance date for such violation, he purchased or\nrented a child restraint system which meets the requirements of\nsubdivision one of this section. Provided, however, that such waiver of\nfine shall not apply to a second or subsequent conviction under this\nsection.\n 7. The provisions of this section shall not apply to a passenger or\noperator with a physically disabling condition whose physical disability\nwould prevent appropriate restraint in such safety seat or safety belt\nprovided, however, such condition is duly certified by a physician who\nshall state the nature of the handicap, as well as the reason such\nrestraint is inappropriate.\n 8. Non-compliance with the provisions of this section shall not be\nadmissible as evidence in any civil action in a court of law in regard\nto the issue of liability but may be introduced into evidence in\nmitigation of damages provided the party introducing said evidence has\npleaded such non-compliance as an affirmative defense.\n 9. Notwithstanding the provisions of subdivision four of this section,\n(a) the provisions of this section shall not apply to buses other than\nschool buses, except as otherwise provided in subdivision three-d of\nthis section and except that the provisions of subdivision three-a of\nthis section shall be applicable to any person operating a charter bus\nand to charter bus passengers age eight or older, and (b) the provisions\nof subdivisions one, two, three and three-a of this section shall not\napply to taxis and liveries except that the provisions of subdivision\nthree-a of this section shall be applicable to any person operating a\ntaxi or livery and to taxi and livery passengers age eight or older.\n 10. The provisions of this section shall not apply to persons employed\nas rural letter carriers, as defined by the United States postal\nservice, while such persons are discharging the duties of such\nemployment.\n 10-a. Notwithstanding the provisions of subdivision one of this\nsection, no person sixteen years of age or over shall be a passenger in\nthe rear seat of a fire vehicle owned and/or operated by a fire company\nas defined by subdivision two of section one hundred of the general\nmunicipal law or in the rear seat of an ambulance owned and/or operated\nby a voluntary ambulance service as defined by subdivision three of\nsection one hundred of the general municipal law unless such person is\nrestrained by a safety belt approved by the commissioner. Provided,\nhowever, that the provisions of this subdivision shall not apply: (a) to\na passenger in the rear seat of such fire vehicle or ambulance if such\nseat is not required to be equipped with safety belts pursuant to the\nprovisions of section three hundred eighty-three of this chapter, nor\n(b) to emergency medical personnel during the course of providing\npatient care in the rear compartment of an ambulance in accordance with\napplicable patient care standards, guidelines and protocols established\npursuant to article thirty of the public health law.\n 11. Notwithstanding the provisions of subdivision four of this\nsection, no person shall operate a school bus unless all passengers\nunder the age of four are restrained in a specially designed detachable\nor removable seat as required by subdivision one of this section, or\nanother restraining device approved by the commissioner.\n 12. (a) Every rental vehicle company, as defined in paragraph (c) of\nsubdivision one of section three hundred ninety-six-z of the general\nbusiness law, shall post a sign in their place of business which states\nin conspicuous lettering of at least seventy-two point boldface type:\n NEW YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT TO BE\nRESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.\n (b) Such sign shall be placed in an upright position and in a\nconspicuous place where it can easily be read by the clientele of the\nrental vehicle company.\n (b-1) A peer-to-peer car sharing program as defined in section three\nthousand four hundred fifty-eight of the insurance law shall provide\ncomparable notice for shared vehicle drivers and shared vehicle owners,\nas defined in section three thousand four hundred fifty-eight of the\ninsurance law, on its website in conspicuous lettering.\n (c) Any rental vehicle company or peer-to-peer car sharing program\nthat makes a shared vehicle, as defined in section three thousand four\nhundred fifty-eight of the insurance law, available for peer-to-peer car\nsharing which violates the provisions of this subdivision shall be\nsubject to a civil penalty, not to exceed one hundred dollars for each\nday of violation.\n 13. Notwithstanding the provisions of subdivision four of this\nsection, no person shall operate a school bus for which there are no\napplicable federal school bus safety standards unless all occupants are\nrestrained by a safety belt approved by the commissioner or, regarding\noccupants age four or older but under age seven, are restrained pursuant\nto subdivision one or two of this section.\n