Requires certain labeling information on child safety seats regarding compatibility with automobiles

Summary of specific provisions

Section 1 of this bill is legislative intent.

Section 2 of the bill would add a new §399-ff to the General Business Law requiring all manufacturers of child safety seats sold in this State to display a label on the packaging of child safety seats. Such label must state that not all child safety seats are compatible with all motor vehicles or seats in motor vehicles. The bill would encourage persons to ensure that the child safety seat is compatible with the vehicle in which it will be used. The label also warns parents to avoid placing child safety seats in the front seat of motor vehicles equipped with air bags.

The Attorney General would be granted the authority to issue an injunction, and enjoin and restrain any violations. Additionally, violations of this section may be subject to a civil penalty of not more than one thousand dollars for each violation. Any person who has been injured by a violation of this section would be able to bring a private action to recover damages.

Section 3 would provide that the bill would become effective one year after enactment.

Justification

Thousands of young children are needlessly injured and many are killed in motor vehicle accidents each year in New York State. The safest method to transport young children when riding in motor vehicles is in a federally approved child safety seat. In 1982, New York State mandated the use of child safety seats for children under four years of age. New York's mandatory child restraint law has demonstrated its value in protecting young children from injuries and fatalities when involved in motor vehicle accidents. It is critical to the children's safety that they are protected in a properly fitting child safety seat. The National Highway Traffic Safety Administration (NHTSA) estimates that a properly used child safety seat reduces the risk of fatality by 71 percent and the risk of serious injury by 67 percent among children less than five years of age.

Many child safety seats, however, are not used properly. There exists compatibility problems in the design of child restraints that make secure installation of child safety seats in some vehicle seating

positions difficult, and occasionally, impossible. Not all child safety seats can be used effectively in all makes and models of cars. An improperly installed child safety seat can reduce its potential benefits and cause injuries and/or death to children using them. It is estimated that over 21 million passenger vehicles on the road are equipped with air bags. Air bags are generally viewed as successful, and according to NHTSA, are responsible for an 11 percent reduction in driver fatalities in passenger cars, including a 30 percent reduction in fatalities in head-on crashes. They are credited with saving more than 1,700 lives since 1986 and preventing many more serious injuries when they began appearing in the U.S. Fleet. This legislation would require manufacturers of child safety seats to provide a label on the container of child safety seats sold in this State that would make consumers aware that certain child restraint devices may be inappropriate for certain automobile makes and models, as well as alert consumers to avoid placing child safety seats in the front seats of motor vehicles equipped with air bags.

Prior legislative history

2004: Senate Consumer Protection Cmte./Assembly Consumer Affairs Cmte. 2005-06: Senate Consumer Protection Cmte./Assembly Consumer Affairs Cmte. 2007-08: Senate Consumer Protection Cmte./Assembly Consumer Affairs 2009-10: S.1668 Consumer Protection Cmte.

Fiscal implications

None.

Effective date

The bill shall take effect one year after enactment.