Bill S42-2009

Provides that no person sixteen years of age or over shall be a passenger in the back seat of a motor vehicle unless such person is restrained by a safety belt

Provides that no person sixteen years of age or over shall be a passenger in the back seat of a motor vehicle unless such person is restrained by a safety belt approved by the commissioner of motor vehicles.

Details

Actions

  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • Jan 7, 2009: REFERRED TO TRANSPORTATION

Memo

 BILL NUMBER:  S42

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to mandatory seat belt use

PURPOSE : Provides that no person sixteen years of age or over shall be a passenger in the back seat of a motor vehicle unless such person is retrained by a safety belt.

SUMMARY OF PROVISIONS : Section one amends the section 1229-c of the vehicle and traffic law by requiring all passengers in the back seat(s) of a vehicle to wear a safety belt.

EXISTING LAW : Existing law only requires passengers under the age of 16 to be restrained by a safety belt.

JUSTIFICATION : In 2003, according to the National Highway Traffic Safety Administration (NHTSA) traffic crashes were the number one cause of death for people 4 to 35 years old. From 1975 to 2002, safety belts prevented an estimated 164,753 fatalities. According to NHTSA's The Economic Impact o.(Motor Vehicle Crashes 2000, the use of safety belts saved society $585 billion in medical care, lost productivity, and other injury-related economic costs (since 1975). Ejection from the vehicle is one of the most harmful events that can happen to a person in a crash. In passenger vehicle crashes in which someone died in 2002, 73 percent of occupants who were completely ejected were killed. Safety belts are effective in preventing total ejections. In 2002, in crashes in which someone was killed, only 1 percent of the occupants reported to have been using restraints were totally ejected, compared with 30 percent of unrestrained occupants (in passenger vehicles).

Currently, 18 other states (Arkansas, California, Delaware, Indiana, Kentucky, Maine, Massachusettes, Montana, Nevada, New Mexico, Oregan, Rhode Island, South Carolina, Utah, Vermont, West Virginia, Wisconson and Wyoming) and the District of Columbia have laws which require all passengers in a vehicle to wear a seat restraint. In states that use restraints for all passengers the number of deaths and injuries caused by ejection and side-impact have been reduced.

LEGISLATIVE HISTORY : 2008: Referred to Transportation (S.5689/A.9594)

FISCAL IMPLICATIONS : None.

LOCAL 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 law.

Text

STATE OF NEW YORK ________________________________________________________________________ 42 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. FUSCHILLO -- 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 mandatory seat belt use THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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: 1. No person shall operate a motor vehicle in this state unless: (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 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 combi- nation lap safety and shoulder harness belts are being used to properly restrain other passengers who are under the age of sixteen; (b) all back seat passengers of such vehicle who are age four or older but under age seven (i) are 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 shoul- der harness belts are being used to properly restrain other passengers who are under the age of sixteen; or (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. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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