NY State Senate Bill 2017-S2928

Senate Bill S2928

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 18, 2017	referred to transportation

co-Sponsors

2017-S2928 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1229-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1169
2011-2012: S1337
2013-2014: S389
2015-2016: S1535

2017-S2928 (ACTIVE) - Summary

Provides that no person sixteen years of age or over shall be a passenger in a motor vehicle, including taxicabs, liveries and other for hire vehicles, unless such person is restrained by a safety belt approved by the commissioner of motor vehicles.

2017-S2928 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2928

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

 PURPOSE OR GENERAL IDEA OF BILL :

To improve the safety of motor vehicle occupants.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends subdivision 3, 5 & 9 of § 1229-c of the Vehicle and
Traffic Law to require the use of seat belts by all passengers sixteen
years of age or older riding, in any seating position in a motor
vehicle.

 JUSTIFICATION :

The institution of a mandatory seat belt law for all front seat
passengers has saved lives. According to the New York State Department
of Motor. Vehicles, in 1984, the year the law was enacted,
approximately 16% of individuals wore seat belts. By 2015, 31 years
after the law was enacted, the compliance rate was up to 88.5%. The
Governor's Traffic Safety Committee has indicated that thirty percent
of highway deaths in New York State occurred to occupants who were
unrestrained. This is a greater factor than alcohol or excessive

speed.

Recognizing the serious injuries that may be caused to other
passengers or the driver of a motor vehicle by an unrestrained
occupant of the vehicle in the event of a collision, 28 states have
adopted legislation requiring all rear seat occupants to wear safety
restraints.

Extensive research has shown that unbelted rear seat passengers can
kill and injure others. A sixty pound unbelted passenger traveling in
the rear seat would exert a force of approximately 2,700 pounds, or
more than one ton, into the driver's seat in a head-on crash at 30
miles per hour.

The National Highway Traffic Safety Administration reports that in
fatal crashes, 76% of vehicle occupants who were totally ejected from
the vehicle were killed. In 2007, only once percent of the occupants
reported to have been using restraints were totally ejected from the
vehicle, compared with 31% of the unrestrained occupants. As a result,
safety experts believe that the use of a rear seat belt could prevent
over two thirds of fatalities and serious injuries resulting from
motor vehicle crashes. Therefore, this legislation seeks to reduce
automobile accident fatalities and casualties by requiring all
occupants of a motor vehicle to buckle up.

 PRIOR LEGISLATIVE HISTORY :

2015-2016 (S1535-B/A2449-B) Referred to Transportation
2013-2014(S.389/A.2449-A) Advanced to third reading

 FISCAL IMPLICATIONS :

None known

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

2017-S2928 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2928
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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. Subdivisions 3, 5 and 9 of section 1229-c  of  the  vehicle
 and  traffic  law,  subdivision 3 as added by chapter 365 of the laws of
 1984, subdivision 5 as amended by chapter 448 of the laws  of  2015  and
 subdivision 9 as amended by chapter 390 of the laws of 1996, are amended
 to read as follows:
   3.  No  person  shall  operate  a  motor  vehicle, INCLUDING TAXICABS,
 LIVERIES AND OTHER FOR HIRE VEHICLES,  unless such person is  restrained
 by  a  safety belt approved by the commissioner. No person sixteen years
 of age or over shall be a passenger in [the front seat of] a motor vehi-
 cle, INCLUDING TAXICABS, LIVERIES AND OTHER FOR  HIRE  VEHICLES,  unless
 such person is restrained by a safety belt approved by the commissioner.
   5.  Any  person  who  violates  the provisions of subdivision three or
 ten-a of this section shall be punished by a civil fine of up  to  fifty
 dollars.  A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
 SUBDIVISION  THREE  OF THIS SECTION BY A PERSON LESS THAN EIGHTEEN YEARS
 OLD TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE  VIOLATION  BY  SUCH
 PERSON  OCCURS  IN  THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDIAN AND
 WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS  OF  AGE  OF  OLDER.  NO
 PERSON  OPERATING  A  TAXICAB  OR FOR HIRE VEHICLE SHALL BE SUBJECT TO A
 CIVIL FINE FOR THE FAILURE OF A PASSENGER TO COMPLY WITH THE  PROVISIONS
 OF  SUBDIVISION  THREE  OF  THIS  SECTION.  Any  person who violates the
 provisions of subdivision one, two, 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 subdi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01383-01-7

 S. 2928                             2
 
 vision  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.
   9.  Notwithstanding  the  provisions of subdivision four AND EXCEPT AS
 PROVIDED FOR IN SUBDIVISIONS THREE AND  FIVE,  this  section  shall  not
 apply to taxis, liveries, and buses other than school buses.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S2928

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Sponsored By

Martin Malavé Dilan