What's happening
This bill updates child safety seat and seat belt requirements, mandating proper use according to manufacturer instructions and raising the restraint age to eight.
Why it matters
Clarifies and standardizes child restraint system use. by requiring seats to be installed according to the vehicle's manual or the child restraint manufacturer’s instructions, addressing confusion or misuse that can compromise safety.
Eliminates exceptions for using only lap belts. in certain circumstances (such as when shoulder belts are unavailable or in use), pushing for the use of proper, federally-approved child restraint systems in virtually all cases for children under eight.
Raises the age threshold for school bus child restraints. from seven to eight, aligning bus safety requirements for younger children with those for personal vehicles, and potentially reducing injuries in school transportation.
Mandates “proper” restraint for heavier children under four. (over 40 pounds), closing loopholes that previously allowed less secure restraint options and ensuring consistent protection for larger toddlers.
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Who cares
Adult back-seat passengers
The bill would extend the back-seat seat belt requirement to passengers age sixteen and older.
Parents and drivers transporting young children
The bill would eliminate lap-belt-only alternatives for children ages four through seven and children under four weighing more than forty pounds, requiring appropriate child restraints secured according to vehicle manuals or manufacturer instructions.
School bus operators
For buses without applicable federal school bus safety standards, the bill would extend the child-restraint provision to include seven-year-old occupants.
Child restraint manufacturers
The bill would expressly recognize their installation instructions as a standard for securing child restraint systems.
Headline styles
Strengthen Child Car Seat Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2412
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to safety seat and seat belt requirements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 1229-c of the vehicle and traffic law, as amended by chapter 18 of the laws of 2005, is amended to read as follows:
(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, or [in] which is secured according to the vehicle's manual or child restraint system manufacturer's instructions. In the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger [may] must be properly 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] and which is secured according to the vehicle's manual or child restraint system manufacturer's instructions;
§ 1-a. Paragraph (a) of subdivision 1 of section 1229-c of the vehicle and traffic law, as amended by chapter 393 of the laws of 2017, is amended to read as follows:
(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00974-02-9
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either permanently affixed or is affixed to such vehicle by a safety belt, or which is secured according to the vehicle's manual or child restraint system manufacturer's instructions, and which shall be rearfacing 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] must be properly 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] and which is secured according to the vehicle's manual or child restraint system manufacturer's instructions;
§ 2. Paragraph (b) of subdivision 1 of section 1229-c of the vehicle and traffic law, as amended by chapter 405 of the laws of 2009, is amended to read as follows:
(b) all back seat passengers of such vehicle who are age four or older but under age eight [(i)] are properly 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] and which is secured according to the vehicle's manual or child restraint system manufacturer's instructions; or
§ 2-a. Paragraph (b) of subdivision 1 of section 1229-c of the vehicle and traffic law, as amended by chapter 393 of the laws of 2017, is amended to read as follows:
(b) all back seat passengers of such vehicle who are age four or older but under age eight [(i)] are properly 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] and which is secured according to the vehicle's manual or child restraint system manufacturer's instructions; or
§ 3. Paragraph (c) of subdivision 1 of section 1229-c of the vehicle and traffic law, as amended by chapter 18 of the laws of 2005, is amended to read as follows:
(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.
§ 3-a. Paragraph (c) of subdivision 1 of section 1229-c of the vehicle and traffic law, as amended by chapter 393 of the laws of 2017, is amended to read as follows:
(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.
A. 2412 3
§ 4. Paragraph (b) of subdivision 2 of section 1229-c of the vehicle and traffic law, as amended by chapter 18 of the laws of 2005, is amended to read as follows:
(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]. In the event that the weight of such passenger under the age of four exceeds forty pounds, such passenger [may] must be properly 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] and which is secured according to the vehicle's manual or child restraint system manufacturer's instructions; or
§ 5. Paragraph (c) of subdivision 2 of section 1229-c of the vehicle and traffic law, as amended by chapter 405 of the laws of 2009, is amended to read as follows:
(c) if they are age four or older but under age eight, [(i) are] such passengers must be properly 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] and which is secured according to the vehicle's manual or child restraint system manufacturer's instructions.
§ 6. Subdivision 13 of section 1229-c of the vehicle and traffic law, as amended by chapter 20 of the laws of 2008, is amended to read as follows:
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] eight, are restrained pursuant to subdivision one or two of this section.
§ 7. This act shall take effect on the first of November next succeeding the date on which it shall have become a law; provided however that sections 1-a, 2-a, and 3-a of this act shall take effect on the same date and in the same manner as chapter 393 of the laws of 2017, takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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