N.Y. VAT. LAW § 1229-c : NY Code - Section 1229-C: Operation of vehicles with safety seats and safety belts

Search N.Y. VAT. LAW § 1229-c : NY Code - Section 1229-C: Operation of vehicles with safety seats and safety belts

1.
  No  person  shall  operate a motor vehicle in this state unless: (a) all
  back seat  passengers  of  such  vehicle  under  the  age  of  four  are
  restrained  in  a  specially designed seat which meets the Federal Motor
  Vehicle Safety Standards set forth in 49 C.F.R.  571.213  and  which  is
  either  permanently  affixed  or  is affixed to such vehicle by a safety
  belt, or in the event that the weight of such passenger under the age of
  four exceeds forty pounds, such passenger may be restrained  (i)  in  an
  appropriate  child  restraint  system  as defined in subdivision four of
  this section used with combination lap safety and shoulder harness belts
  or (ii) by a lap safety belt in the event such vehicle is  not  equipped
  with  combination  lap  safety  and  shoulder  harness  belts or all the
  combination lap safety and shoulder harness  belts  are  being  used  to
  properly  restrain  other  passengers  who are under the age of sixteen;
  * (b) all back seat passengers of such vehicle who are age four or older
  but under age seven (i) are restrained in an appropriate child restraint
  system as  defined  in  subdivision  four  of  this  section  used  with
  combination  lap  and shoulder harness belts or (ii) are restrained in a
  lap safety  belt  in  the  event  such  vehicle  is  not  equipped  with
  combination lap safety and shoulder harness belts or all the combination
  lap  safety  and  shoulder  harness  belts  are  being  used to properly
  restrain other passengers who are under the age of sixteen; or
    * NB Effective until November 24, 2009
    * (b) all back seat passengers of such vehicle who  are  age  four  or
  older  but  under  age  eight (i) are restrained in an appropriate child
  restraint system as defined in subdivision four  of  this  section  used
  with  combination  lap and shoulder harness belts or (ii) are restrained
  in a lap safety belt in the event such  vehicle  is  not  equipped  with
  combination lap safety and shoulder harness belts or all the combination
  lap  safety  and  shoulder  harness  belts  are  being  used to properly
  restrain other passengers who are under the age of sixteen; or
    * NB Effective November 24, 2009
  (c) in the case of any other  back  seat  passenger  under  the  age  of
  sixteen,  he  or  she  is  restrained  by  a safety belt approved by the
  commissioner.
    2. No person shall operate a  motor  vehicle  unless  all  front  seat
  passengers (a) under the age of sixteen are restrained by a safety belt;
  or  (b)  if they are under the age of four, by a specially designed seat
  which is either permanently affixed or affixed  to  such  vehicle  by  a
  safety  belt  as  required by subdivision one of this section, or in the
  event that the weight of such passenger under the age  of  four  exceeds
  forty  pounds,  such  passenger  may be restrained (i) in an appropriate
  child restraint system as defined in subdivision four  of  this  section
  used with combination lap safety and shoulder harness belts or (ii) by a
  lap  safety  belt  in  the  event  such  vehicle  is  not  equipped with
  combination lap safety and shoulder harness belts or all the combination
  lap safety and  shoulder  harness  belts  are  being  used  to  properly
  restrain  other passengers who are under the age of sixteen; or * (c) if
  they are age four or older but under age seven, (i) are restrained in an
  appropriate child restraint system as defined  in  subdivision  four  of
  this section used with combination lap safety and shoulder harness belts
  or (ii) are restrained in a lap safety belt in the event such vehicle is
  not  equipped  with combination lap safety and shoulder harness belts or
  all the combination lap safety and shoulder harness belts are being used
  to properly restrain other passengers who are under the age of sixteen.
    * NB Effective until November 24, 2009
    * (c) if they are age four or older  but  under  age  eight,  (i)  are
  restrained  in  an  appropriate  child  restraint  system  as defined in

  subdivision four of this section used with combination  lap  safety  and
  shoulder  harness  belts  or (ii) are restrained in a lap safety belt in
  the event such vehicle is not equipped with combination lap  safety  and
  shoulder  harness  belts  or all the combination lap safety and shoulder
  harness belts are being used to properly restrain other  passengers  who
  are under the age of sixteen.
    * NB Effective November 24, 2009
    3.  No  person  shall  operate  a  motor vehicle unless such person is
  restrained by a safety belt approved  by  the  commissioner.  No  person
  sixteen years of age or over shall be a passenger in the front seat of a
  motor vehicle unless such person is restrained by a safety belt approved
  by the commissioner.
    * 3-a.  Except  as  otherwise provided for passengers under the age of
  four, it shall be a violation of this section if a person is seated in a
  seating position equipped with both a lap safety  belt  and  a  shoulder
  harness  belt  and such person is not restrained by both such lap safety
  belt and shoulder harness belt.
    * NB There are 2 sub 3-a's
    * 3-a. No person holding a class  DJ  learner's  permit  or  class  DJ
  license  issued pursuant to section five hundred two of this chapter, or
  a limited class DJ or MJ license issued pursuant to section five hundred
  three-a of this chapter, shall operate a motor  vehicle  in  this  state
  unless  such  person  is  restrained  by  a  safety belt approved by the
  commissioner, and all passengers under the age of four are restrained in
  a specially designed seat which meets the federal motor  vehicle  safety
  standards set forth in 49 C.F.R. 571.213 and which is either permanently
  affixed  or is affixed to such vehicle by a safety belt and, in the case
  of any other passenger under the age of sixteen, he or she is restrained
  by a safety belt approved by the commissioner. No person  sixteen  years
  of  age  or  over  shall be a passenger in a motor vehicle operated by a
  person holding a class DJ learner's permit, a  class  DJ  license  or  a
  limited class DJ license unless such passenger is restrained by a safety
  belt approved by the commissioner.
    * NB Effective until February 22, 2010
    * 3-a.  No  person  holding  a  class  DJ learner's permit or class DJ
  license issued pursuant to section five hundred  two  of  this  chapter,
  shall  operate  a  motor  vehicle  in  this  state unless such person is
  restrained by a safety  belt  approved  by  the  commissioner,  and  all
  passengers  under the age of four are restrained in a specially designed
  seat which meets the federal motor vehicle safety standards set forth in
  49 C.F.R.  571.213 and which is either permanently affixed or is affixed
  to such vehicle by a safety belt and, in the case of any other passenger
  under the age of sixteen, he or she  is  restrained  by  a  safety  belt
  approved  by  the  commissioner.  No person sixteen years of age or over
  shall be a passenger in a motor vehicle operated by a person  holding  a
  class  DJ  learner's  permit,  a  class DJ license or a limited class DJ
  license unless such passenger is restrained by a safety belt approved by
  the commissioner.
    * NB Effective February 22, 2010
    * NB There are 2 sub 3-a's
    4. For the purposes of this section, the following  terms  shall  have
  the  following  meanings:  (a)  "motor  vehicle" shall include all motor
  vehicles which are required by section  three  hundred  eighty-three  of
  this  chapter  or  regulation or would be required if such motor vehicle
  were registered in New York state to be equipped by a  safety  belt  but
  shall not include those vehicles which are used as school buses, as such
  term  is  defined  in  section one hundred forty-two of this chapter and

  those vehicles which are authorized emergency vehicles, as such term  is
  defined in section one hundred one of this chapter;
    (b)   "child   restraint  system"  shall  mean  any  device,  used  in
  conjunction with safety belts, designed for use in a  motor  vehicle  to
  restrain,  seat,  or  position  children  and which meets the applicable
  Federal Motor Vehicle Safety Standards set forth in 49  C.F.R.  571.213;
  and
    (c)  "appropriate child restraint system" shall mean a child restraint
  system for which  the  occupant  meets  the  occupant  size  and  weight
  recommendations of the manufacturer of such system.
    5. Any person who violates the provisions of subdivision three of this
  section  shall  be  punished by a civil fine of up to fifty dollars. Any
  person who violates the provisions of subdivision one,  two,  eleven  or
  thirteen  of  this section shall be punished by a civil fine of not less
  than twenty-five nor more than one hundred dollars. In  any  prosecution
  or  proceeding  alleging a violation of paragraph (b) of subdivision one
  or paragraph (c) of subdivision two of this  section,  it  shall  be  an
  affirmative  defense  that  the passenger subject to the requirements of
  such paragraphs was restrained by a safety belt and measures  more  than
  four  feet  nine  inches  in  height and/or weighs more than one hundred
  pounds.
    * 6. The court shall waive any fine for which a  person  who  violates
  the  provisions  of  this  section  would  be  liable  with  respect  to
  passengers under the age of seven if such person supplies the court with
  proof that, between the date on which he is charged with having violated
  this section and the appearance date for such violation, he purchased or
  rented  a  child  restraint  system  which  meets  the  requirements  of
  subdivision  one of this section. Provided, however, that such waiver of
  fine shall not apply to a second or  subsequent  conviction  under  this
  section.
    * NB Effective until November 24, 2009
    * 6.  The  court  shall waive any fine for which a person who violates
  the  provisions  of  this  section  would  be  liable  with  respect  to
  passengers under the age of eight if such person supplies the court with
  proof that, between the date on which he is charged with having violated
  this section and the appearance date for such violation, he purchased or
  rented  a  child  restraint  system  which  meets  the  requirements  of
  subdivision one of this section. Provided, however, that such waiver  of
  fine  shall  not  apply  to a second or subsequent conviction under this
  section.
    * NB Effective November 24, 2009
    7. The provisions of this section shall not apply to  a  passenger  or
  operator with a physically disabling condition whose physical disability
  would  prevent  appropriate restraint in such safety seat or safety belt
  provided, however, such condition is duly certified by a  physician  who
  shall  state  the  nature  of  the  handicap, as well as the reason such
  restraint is inappropriate.
    8. Non-compliance with the provisions of this  section  shall  not  be
  admissible  as  evidence in any civil action in a court of law in regard
  to the issue of  liability  but  may  be  introduced  into  evidence  in
  mitigation  of  damages provided the party introducing said evidence has
  pleaded such non-compliance as an affirmative defense.
    9. Notwithstanding the provisions of subdivision  four,  this  section
  shall not apply to taxis, liveries, and buses other than school buses.
    10. The provisions of this section shall not apply to persons employed
  as  rural  letter  carriers,  as  defined  by  the  United States postal
  service,  while  such  persons  are  discharging  the  duties  of   such
  employment.

    11.  Notwithstanding  the  provisions  of  subdivision  four  of  this
  section, no person shall operate a  school  bus  unless  all  passengers
  under  the age of four are restrained in a specially designed detachable
  or removable seat as required by subdivision one  of  this  section,  or
  another restraining device approved by the commissioner.
    12. * (a) Every rental vehicle company, as defined in paragraph (c) of
  subdivision  one  of  section  three hundred ninety-six-z of the general
  business law, shall post a sign in their place of business which  states
  in conspicuous lettering of at least seventy-two point boldface type:
    NEW  YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF SEVEN TO BE
  RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.
    * NB Effective until November 24, 2009
    * (a) Every rental vehicle company, as defined  in  paragraph  (c)  of
  subdivision  one  of  section  three hundred ninety-six-z of the general
  business law, shall post a sign in their place of business which  states
  in conspicuous lettering of at least seventy-two point boldface type:
    NEW  YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT TO BE
  RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.
    * NB Effective November 24, 2009
    (b) Such sign shall  be  placed  in  an  upright  position  and  in  a
  conspicuous  place  where  it can easily be read by the clientele of the
  rental vehicle company.
    (c) Any rental vehicle company which violates the provisions  of  this
  subdivision  shall  be  subject  to  a  civil penalty, not to exceed one
  hundred dollars for each day of violation.
    13.  Notwithstanding  the  provisions  of  subdivision  four  of  this
  section,  no  person  shall  operate a school bus for which there are no
  applicable federal school bus safety standards unless all occupants  are
  restrained  by  a safety belt approved by the commissioner or, regarding
  occupants age four or older but under age seven, are restrained pursuant
  to subdivision one or two of this section.