NY Veh & Traf L § 1229-C (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 33 - Miscellaneous Rules 1229-C - 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 and  which  shall  be  rear-facing  whenever  the  passenger  being restrained in such seat is under the age of two except that in the event that the weight or height of such passenger under the age of two exceeds the occupant size and weight recommendations of the manufacturer of such rear-facing  seat,  such  seat may be forward-facing; provided, however, that 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  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.   3-b. 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.   3-c. (a) No person shall operate a taxi or livery unless  such  person is restrained by a safety belt approved by the commissioner.  (b)  No  person sixteen years of age or over shall be a passenger in a taxi or livery unless  such  person  is  restrained  by  a  safety  belt approved by the commissioner.  (c)  No person eight years of age or older but under age sixteen shall be a passenger in a taxi or livery unless such person is restrained by a safety belt approved by the commissioner. A police  officer  shall  only issue  a  summons  for  a  violation  of this paragraph to the parent or guardian of such person if the violation by such person  occurs  in  the presence  of  such  person's parent or guardian and where such parent or guardian is eighteen years of age or more. Such summons  shall  only  be issued  to such parent or guardian and shall not be issued to the person eight years of age or older but under age sixteen.   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, provided, however, that for purposes of this section, "motor vehicle"  shall  also  include fire  vehicles  owned  and/or  operated  by a fire company as defined by subdivision two of section one hundred of the general municipal law  and ambulances  owned  and/or  operated  by a voluntary ambulance service as defined by subdivision three of  section  one  hundred  of  the  general municipal law;  (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, three-c or ten-a 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.  In any prosecution or proceeding alleging a violation of paragraph (b)  or  paragraph  (c)  of subdivision  three-c of this section, it shall be an affirmative defense that such taxi or livery was  in  violation  of  subdivision  four-b  of section three hundred eighty-three of this chapter.   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 of this section, the  provisions  of  this  section  shall  not apply to buses other than school buses and the provisions of  subdivisions  one,  two,  three  and three-a  of  this  section  shall not apply to taxis and liveries except that the provisions of subdivision three-a  of  this  section  shall  be applicable  to  any  person  operating  a taxi or livery and to taxi and livery passengers age eight or older.   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.   10-a. Notwithstanding  the  provisions  of  subdivision  one  of  this section,  no person sixteen years of age or over shall be a passenger in the rear seat of a fire vehicle owned and/or operated by a fire  company as  defined  by  subdivision  two  of section one hundred of the general municipal law or in the rear seat of an ambulance owned and/or  operated by  a  voluntary  ambulance  service  as defined by subdivision three of section one hundred of the general municipal law unless such  person  is restrained  by  a  safety  belt  approved by the commissioner. Provided, however, that the provisions of this subdivision shall not apply: (a) to a passenger in the rear seat of such fire vehicle or ambulance  if  such seat  is  not  required to be equipped with safety belts pursuant to the provisions of section three hundred eighty-three of  this  chapter,  nor (b)  to  emergency  medical  personnel  during  the  course of providing patient care in the rear compartment of an ambulance in accordance  with applicable  patient care standards, guidelines and protocols established pursuant to article thirty of the public health law.    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.