What's happening
This bill prohibits children under eight from riding in the front seat of a vehicle, with certain exceptions for safety or necessity.
Why it matters
Prioritizes child passenger safety. By restricting children under eight from the front seat, the bill aligns state policy with research showing that young children face higher injury risks from airbags and impacts when seated in front.
Creates clear, limited exceptions. The bill allows for necessary flexibility—such as when there are no rear seats, rear seats can’t accommodate proper child restraints, or all rear seats are already occupied by young children—so families with unique circumstances aren’t unfairly penalized.
Strengthens enforcement with a phased approach. Violators of the new rule will only receive a warning, not a fine, for the first year after the law takes effect, giving the public time to adjust and learn about the new requirement before penalties are imposed.
Includes medical and disability exemptions. The law provides exemptions for children whose physical or medical conditions require front-seat placement, provided this is certified by a physician, ensuring that the rule doesn’t override legitimate medical needs.
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Who cares
Parents and other drivers transporting children under eight
The bill would generally prohibit seating those children in front, with exceptions for vehicles without rear seats, incompatible rear-seat restraint installation, or other seat positions filled by children under eight.
Traffic enforcement officers and courts
Violations would carry warnings without tickets or fines for the first twelve months, then civil fines of $25 to $100 that could not be waived by purchasing or renting a child restraint.
Physicians and families of children with medical needs
A physician could certify that a child under eight needs front-seat placement for medical or safety reasons to qualify for an exemption.
- Likely support
Vehicle and child restraint manufacturers
Their determinations that a rear seat cannot accommodate proper installation of a child safety seat or booster seat could support an exception to the front-seat prohibition.
Headline styles
No Kids Under 8 Front Seat
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1421
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07313-01-9
S. 1421 2
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 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.
Sponsor's memo
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
The purpose of this legislation is to prohibit children under the age of 8 from riding as a passenger in the front seat of a vehicle except in certain cases.
Summary of provisions
Section 1: Subdivisions 2, 5, 6, and 7 of section 1229-c of the Vehicle and Traffic Law are amended to prohibit children under the age of eight from riding as passengers in the front seat of a motor vehicle with the following exceptions: (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 who are also under the age of eight; or if (4) medical reasons necessitate the child should not ride in the rear seat.
Section 2: Provides the effective date.
Justification
Preventable injuries are the number one killer of children (ages 14 and under) across the country. According to the National Highway Traffic Safety Administration (NHTSA), in 2013 an average of three children 14 and younger were killed and an estimated 470 were injured in traffic crashes every day in the United States.
Experts agree that children are safest when buckled up in the back seat. The Insurance Institute for Highway Safety found that retraining chil- dren between the ages of 4 to 8 years old in rear seats rather than front seats reduced their risk of fatal injury by nearly half. The back seat location provides greater protection for the head-on collisions, the most serious type of crash, by removing children away from the point of impact.
New York State now requires all children up to age 16 to wear seat belts in both front and rear seats, while children under age 8 must be also properly restrained in a car seat or booster seat. Child passenger safe- ty can be strengthened by requiring young children to sit in the rear seat. Furthermore, this bill allows flexibility for large families and/or parents who may be transporting other children.
Legislative history
S.2163A (2017-18): Referred to Transportation S.7781 (2016): Referred to Transportation S.4773 (2011-12): Referred to Transportation S.2238-A (2009-10): Referred to Transportation S.281-A (2007-08): Referred to Transportation S.3908-A (2005-06): Referred to Transportation S.6910 (2004): Referred to 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 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 warn- ing but shall not be issued an appearance ticket and shall not be liable for a fine.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.