•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00753 Summary:

BILL NOA00753
 
SAME ASSAME AS S03752
 
SPONSORGalef
 
COSPNSRCusick, Weprin, Steck, Griffin
 
MLTSPNSRCook, Englebright, Glick, Gottfried, Hyndman, Niou, 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.
Go to top    

A00753 Actions:

BILL NOA00753
 
01/06/2021referred to transportation
03/03/2021reported referred to codes
03/24/2021reported
03/25/2021advanced to third reading cal.194
Go to top

A00753 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A753
 
SPONSOR: Galef
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to prohibit children under the age of eight (8) from riding as a passenger in the front seat of a vehicle in most cases.   SUMMARY OF PROVISIONS: Section 1. Subdivision 2, 5, 6 and 7 of section 1229-c of the Vehicle and Traffic Law are amended to prohibit children under the age of eight from riding as passengers in the front seat of a motor vehicle with the following exceptions: (1) there are no rear seats, (2) a child safety seat or booster seat cannot be properly installed in the rear seat; (3) all rear seats are already occupied by other occupants who are also under the age of eight; or if (4) medical reasons necessitate the child should not ride in the rear seat. Section 2. Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This portion of this memorandum is not applicable at this time.   JUSTIFICATION: Preventable injuries are the number one killer of children (ages 14 and under) across the country. According to the Air Bag Safety Campaign, in the United States an average of 8 children are killed and 932 injured every day in motor vehicle related crashes, Experts agree children are safest when buckled up and in the back seat. The National Highway Traffic Safety Administration estimates that chil- dren are up to 20% safer when riding in the rear seat regardless of whether the vehicle is equipped with a passenger side air bag. Placing children in the back seat provides greater protection for head on colli- sions, the most serious type of crash, by getting children farther away from the point of Impact. As of November 1, 2020, New York State requires that all backseat passengers wear a seat belt. Additionally, New York State requires all children up to age 16 to be buckled in both front and rear seats. They also require that children under the age of 8 be properly restrained in a car or booster seat. We can further improve our child passenger safety standards by requiring young children to sit in the rear seat. Lastly, this bill allows flexibility for large families and/or parents who may be transporting other children.   PRIOR LEGISLATIVE HISTORY: A. 5917 of 2019/2020 A. 3441-A and S. 2163-A 2017/2018 A. 5963-A and S.7781 of 2015/2016 A. 1539-A of 2013/2014 A. 6477 and S. 4773 of 2011)2012 A. 4181-A and S. 2238-A of 2009/2010 A. 7470 and S. 281-A of 2007/2008 A. 6970-A and S. 3980-A of 2005/2006 A. 4648 and S. 6910 of 2003/2004 A. 4106 and S. 2196 of 2001/2002 A. 6765 of 1999/2000 A. 7561-E and S. 6089 of 1997/1998   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There are no fiscal implications associated with this legislation.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided that any person who violates the provisions of subdivision 2-a of section 1229-c of the Vehicle and Traffic Law, as added by section two of this act within the twelve months following such effective date, shall be subject to a warn- ing but shall not be issues an appearance ticket and shall not be liable for a fine.
Go to top

A00753 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           753
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. GALEF, CUSICK, WEPRIN, STECK -- Multi-Sponsored
          by -- M. of A.  COOK, ENGLEBRIGHT, GLICK,  GOTTFRIED,  HYNDMAN,  McDO-
          NOUGH,  NIOU, 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 38
     5  of the laws of 2020, 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.
                                                                   LBD05424-01-1

        A. 753                              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) or paragraph (c) of subdivision three-c of
    20  this section, it shall be an  affirmative  defense  that  such  taxi  or
    21  livery  was  in violation of subdivision four-b of section three hundred
    22  eighty-three of 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. 753                              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.
Go to top