S3733-2013 - NY Senate Open Legislation - Requires the use of seatbelts by volunteer firefighters

Requires the use of seatbelts by volunteer firefighters; provides exception for vehicles which do not have restraint systems provided by the manufacturer or to volunteer firefighters not seated within the confines of the vehicle or emergency medical personnel providing patient care in the rear compartment of an ambulance.

Sponsor: FLANAGAN / Co-sponsor(s): ADDABBO, CARLUCCI, MARCHIONE
Law Section: Vehicle and Traffic Law / Law: Amd S1229-c, V & T L

S3733-2013 Actions

Mar 7, 2013: ADVANCED TO THIRD READING
Mar 6, 2013: 2ND REPORT CAL.
Mar 5, 2013: 1ST REPORT CAL.163
Feb 13, 2013: REFERRED TO TRANSPORTATION

S3733-2013 Meetings

Transportation: Mar 5, 2013

S3733-2013 Calendars

S3733-2013 Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 5, 2013

Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Kennedy, Perkins, Squadron, Stavisky, Gipson
Excused (1): Diaz

S3733-2013 Memo

BILL NUMBER:S3733

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to the use of seatbelts by volunteer firefighters

PURPOSE OR GENERAL IDEA OF THE BILL:  This legislation relates to the
use of seatbelts in emergency vehicles owned or operated by a volunteer
fire company or volunteer ambulance service.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new subdivision 14 to � 1229-c of the Vehi-
cle & Traffic Law to prohibit the operation of an emergency vehicle
owned or operated by a volunteer fire company or volunteer ambulance
service as defined by section 100 of the General Municipal Law unless
all passengers seated in the vehicle are utilizing safety belts or
restraint systems as provided by the vehicle manufacturer.  This subdi-
vision shall not apply: to vehicles which do not have restraint systems
provided by the manufacturer, for volunteer firefighters not seated
within the confines of the vehicle or to emergency medical personnel
administering medical treatment in accordance with applicable patient
care standards or guidelines established pursuant to Article 30 of the
Public Health Law to a patient in the rear compartment of an ambulance.
It prohibits a claim for benefits filed pursuant to the volunteer fire-
fighters' benefit law or the volunteer ambulance workers' benefit from
being denied solely on the basis of failure to comply with the
provisions of this subdivision.

Section 2 of the bill is the effective date.

JUSTIFICATION:  In 1984, NYS adopted � 1229-c of the NYS Vehicle & Traf-
fic Law. This law sets forth the rules for operation of vehicles that
have safety or seat belts. In general, this law requires operators and
passengers of "motor vehicles" to be restrained by safety belts. Howev-
er, certain vehicles are exempt from the law's requirements. Under
1229-c, "authorized emergency vehicles" are exempt from the definition
of the term "motor vehicle", These vehicles were excluded from the
requirements of � 1229-c since the operators of these vehicles need to
perform their duties in an unhampered fashion. The term "authorized
emergency vehicle" is defined under � 101 of the Vehicle & Traffic Law
and is defined to include fire and ambulance vehicles. As a result, fire
and ambulance vehicles are exempt from the requirement to use safety or
seatbelts.

The single largest cause of Volunteer Firefighter and EMS responder
death is vehicle accidents to and from an incident scene. The largest
contributor to those deaths is failure to wear seat belts, Volunteers
would like the current exemption removed from the law making New York
law consistent with the training and operational procedures currently in
place to promote seat belt use.

Use of seat belts promotes safety and saves lives. Since buckling a seat
belt takes just a few seconds, fire and ambulance vehicles should be
required to use them,. This bill is strongly supported by the Fireman's
Association of the State of New York,

LEGISLATIVE HISTORY:  2011-12: S.4765A Passed Senate 2011; remained in
Cmte 2012 2009-10: A.6765/S.3671 2008-07: S.7478

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect immediately.

S3733-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3733
 2013-2014 Regular Sessions
 I N  SENATE
 February 13, 2013
 
 Introduced  by Sen. FLANAGAN -- 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 the  use  of
 seatbelts by volunteer firefighters
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 1229-c of the vehicle and traffic law is amended by
 adding a new subdivision 14 to read as follows:

 14.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
 SECTION,  NO PERSON SHALL OPERATE AN EMERGENCY VEHICLE OWNED OR OPERATED
 BY A VOLUNTEER FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS DEFINED BY
 SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW UNLESS  ALL  PASSENGERS
 SEATED IN THE VEHICLE ARE UTILIZING SAFETY BELTS OR RESTRAINT SYSTEMS AS
 PROVIDED  BY  THE VEHICLE MANUFACTURER. THIS SUBDIVISION SHALL NOT APPLY
 TO VEHICLES WHICH DO NOT HAVE RESTRAINT SYSTEMS PROVIDED BY THE MANUFAC
 TURER OR TO VOLUNTEER FIREFIGHTERS NOT SEATED WITHIN THE CONFINES OF THE
 VEHICLE OR EMERGENCY MEDICAL PERSONNEL PROVIDING  PATIENT  CARE  IN  THE
 REAR  COMPARTMENT  OF  AN  AMBULANCE  PROVIDED  THAT  SUCH PERSONNEL ARE
 PROVIDING CARE IN ACCORDANCE WITH APPLICABLE PATIENT CARE  STANDARDS  OR
 GUIDELINES  ESTABLISHED  PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH
 LAW. A CLAIM FOR BENEFITS FILED PURSUANT TO THE VOLUNTEER  FIREFIGHTERS'
 BENEFIT LAW OR THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW SHALL NOT BE
 DENIED  SOLELY  ON THE BASIS OF FAILURE TO COMPLY WITH THE PROVISIONS OF
 THIS SUBDIVISION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08936-01-3

S3733-2013: Requires the use of seatbelts by volunteer firefighters