Bill Text: NY A01626 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires that no person under four years of age shall be a passenger in a taxi or livery unless such person is restrained by a child restraint system; requires that no person four years of age or older but under age eight shall be a passenger in a taxi or livery unless such person is restrained in an appropriate child restraint system; establishes violations of such provisions shall be punished by a civil fine of up to fifty dollars.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2024-01-03 - referred to transportation [A01626 Detail]
Download: New_York-2023-A01626-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1626 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. PAULIN, COLTON, SEAWRIGHT, THIELE, McDONOUGH -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring certain child passengers in a taxi or livery to be restrained by a child restraint system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3-c of section 1229-c of the vehicle and traf- 2 fic law is amended by adding two new paragraphs (d) and (e) to read as 3 follows: 4 (d) No person under four years of age shall be a passenger in a taxi 5 or livery unless such person is restrained in a child restraint system 6 as defined in paragraph (b) of subdivision four of this section. A 7 police officer shall only issue a summons for a violation of this para- 8 graph to the parent or guardian of such person if the violation by such 9 person occurs in the presence of such person's parent or guardian and 10 where such parent or guardian is eighteen years of age or more. Such 11 summons shall only be issued to such parent or guardian and shall not be 12 issued to the person under four years of age. 13 (e) No person four years of age or older but under age eight shall be 14 a passenger in a taxi or livery unless such person is restrained in an 15 appropriate child restraint system as defined in paragraph (c) of subdi- 16 vision four of this section. A police officer shall only issue a summons 17 for a violation of this paragraph to the parent or guardian of such 18 person if the violation by such person occurs in the presence of such 19 person's parent or guardian and where such parent or guardian is eigh- 20 teen years of age or more. Such summons shall only be issued to such 21 parent or guardian and shall not be issued to the person under eight 22 years of age. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03642-01-3A. 1626 2 1 § 2. Subdivision 5 of section 1229-c of the vehicle and traffic law, 2 as amended by chapter 38 of the laws of 2020, is amended to read as 3 follows: 4 5. Any person who violates the provisions of subdivision three, 5 three-c or ten-a of this section shall be punished by a civil fine of up 6 to fifty dollars. Any person who violates the provisions of subdivision 7 one, two, eleven or thirteen of this section shall be punished by a 8 civil fine of not less than twenty-five nor more than one hundred 9 dollars. In any prosecution or proceeding alleging a violation of para- 10 graph (b) of subdivision one [or], paragraph (c) of subdivision two, or 11 paragraph (e) of subdivision three-c of this section, it shall be an 12 affirmative defense that the passenger subject to the requirements of 13 such paragraphs was restrained by a safety belt and measures more than 14 four feet nine inches in height and/or weighs more than one hundred 15 pounds. In any prosecution or proceeding alleging a violation of para- 16 graph (b) [or], paragraph (c), paragraph (d) or paragraph (e) of subdi- 17 vision three-c of this section, it shall be an affirmative defense that 18 such taxi or livery was in violation of subdivision four-b of section 19 three hundred eighty-three of this chapter. 20 § 3. This act shall take effect on the first of November next succeed- 21 ing the date on which it shall have become a law.
