Prohibits a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases

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

To require children under the age of eight to ride in the rear seat of vehicles in most cases.

Summary of specific provisions

Section 1229-C of the vehicle and traffic law is amended by adding a new subdivision 2-a to prohibit any person from operating a motor vehicle with a passenger under the age of eight in the front seat.

A child under the age of eight may ride in the front seat if: 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; 4) medical reasons necessitate the child should not ride in rear seat.

Until 12 months after the effective date only warnings shall be given and no tickets or fines issued for persons found in violation.

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 everyday 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 children are up to 29 percent 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 collisions, the most serious type of crash, by getting children farther away from the point of impact.

New York State now requires all children up to age 16 to be buckled. We can further improve our child passenger safety standards by requiring young children to sit in the rear seat. This bill allows flexibility for large families and/or parents who may be transporting other children.

Since 1998 all vehicles have been equipped with dual air bags. Unless properly positioned in the back seat, children will continue to be killed and critically injured unnecessarily.

Prior legislative history

2007-2008 - Transportation

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become 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 warning but shall not be issued an appearance ticket and shall not be liable for a fine.