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

2 Co-sponsors

• Martin Malavé Dilan
• John L. Sampson

BILL NUMBER:S3512

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 passen- ger in the front seat of a motor vehicle except under limited circum- stances

Purpose or general idea of bill

The purpose of this legislation is to prohibit a person from operating a motor vehicle with children under the age of 8 in the front seat in most cases.

Summary of specific provisions

Section 1229-c of the Vehicle and Traffic Law is amended 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; or if

4. medical reasons necessitate the child should not ride it the rear seat.

Justification

Preventable injuries are the number one killer of chil- dren (ages 14 and under) across the country. According to the Air Bag Safety Campaign, in the United State an average of 8 children are killed and 932 injured every day 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 chil- dren are up to 20% safer when riding in the rear seat regardless of whether the vehicle is equipped with a passenger side air ban. Placing children in the back seat provides greater protection for head on colli- sions, 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 in both front and rear seats. In addition, children under age 8 must be properly restrained in a car seat or booster seat. 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.

Prior legislative history

S4773 of 2011-2012 Referred to Transportation/A6477 Passed Assembly S2238-A of 2009/2010 Reported to

Codes/A4181 Passed Assembly S.291-A of 2007/2009 Referred to Transportation/A7470 Passed Assembly S.3980-A of 2005/2006 Referred to Transportation/A6917 Passed Assembly S.6910 of 2003/2004 Reported to Rules/A4648 Passed Assembly S.2196 of 2001/2002 Referred to Transportation/A4106 Passed Assembly

Fiscal implications

There are no fiscal implications.

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.