2006 New York Code - Operation Of Vehicles With Safety Seats And Safety Belts.

 
    §  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 (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.
    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 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 or eleven  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.
    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.
    (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.