2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 33 - (1210 - 1229-D) MISCELLANEOUS RULES
1229-C - Operation of vehicles with safety seats and safety belts.


NY Veh & Traf L § 1229-C (2012) What's This?
 
    § 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 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 (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 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.
    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,
  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, 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  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.
    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 EIGHT 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.
    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.

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