What's happening
This bill prohibits children under eight from riding in the front seat of vehicles, with specific exceptions for safety and vehicle design.
Why it matters
Strengthens child passenger safety. by requiring children under eight to ride in the back seat, which is statistically safer and reduces risk of injury from airbag deployment or collisions.
Includes practical exceptions. for situations where back seat use is impossible (e.g., vehicles without rear seats, inability to install a child seat properly in the back, or when all rear seats are occupied by other young children), ensuring the law is enforceable and flexible.
Provides medical and disability exemptions. so that children with specific physical or medical needs, as certified by a physician, are not subject to the restriction if sitting in the back is inappropriate for their condition.
Implements a graduated enforcement approach. , issuing only warnings (not fines or court appearances) for the first year after the law goes into effect, allowing drivers time to adjust to the new requirements.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
No Kids Under 8 Front Seat
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
History
- Print number 3441a
- Amend and recommit to codes
- Referred to codes
- Reported referred to rules
- Reported referred to codes
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
No Kids Under 8 Front Seat
In Senate Committee · Transportation · Sponsor Susan Serino
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3441--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. GALEF, CUSICK, GANTT, JAFFEE, MOSLEY, WEPRIN, FINCH, D'URSO, STECK -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, ENGLEBRIGHT, GLICK, GOTTFRIED, HOOPER, HYNDMAN, McDONOUGH, M. L. MILL- ER, MORELLE, NIOU, ORTIZ, PAULIN, PERRY -- read once and referred to the Committee on Transportation -- reported and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2, 5, 6 and 7 of section 1229-c of the vehicle and traffic law, subdivision 2 as amended by chapter 18 of the laws of 2005, paragraph (c) of subdivision 2 and subdivision 6 as amended by chapter 405 of the laws of 2009, subdivision 5 as amended by chapter 340 of the laws of 2017, and subdivision 7 as added by chapter 365 of the laws of 1984, are amended to read as follows:
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02860-02-8
A. 3441--A 2
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. Nothing contained in this subdivision shall be deemed to supersede the requirements of subdivision two-a of this section.
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, two-a, 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) 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, nor a violation of subdivision two-a of 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, or to a passenger under the age of eight whose physical condition necessitates that such passenger be seated in the front seat for medical or safety reasons, provided, however, that such condition is duly certified by a physician who shall state the nature of the [handicap] disability or condition, as well as the reason such restraint is or rear seat placement is inappropriate.
§ 2. Section 1229-c of the vehicle and traffic law is amended by adding a new subdivision 2-a to read as follows:
2-a. No person shall operate a motor vehicle with any passengers under the age of eight seated in the front seat of such vehicle. Provided, however, that such prohibition shall not apply if: (a) such motor vehicle is not equipped with rear seats; or (b) the rear seat cannot accommodate the proper installation of the child safety seat or booster seat in which such passenger is being transported, as determined by the commissioner, or vehicle manufacturer, or child safety seat or booster seat manufacturer; or (c) all other seat positions are occupied by other occupants who are under the age of eight; or (d) such passenger under
A. 3441--A 3
age eight is exempt pursuant to the provisions of subdivision seven of this section.
§ 3. This act shall take effect on the first of January next succeeding the date on which it shall have become a 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.