New York City Council Header
File #: Int 1435-2019    Version: * Name: Use of back seat safety belts.
Type: Introduction Status: Committee
Committee: Committee on Transportation
On agenda: 2/13/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the use of back seat safety belts
Sponsors: Ydanis A. Rodriguez, (by request of the Mayor)
Council Member Sponsors: 1
Summary: The proposed legislation would create a traffic infraction punishable by a fine of up to $50 for back seat passengers sixteen years or over not using a safety belt and/or for drivers who fail to ensure safety belt use of their back seat passengers sixteen years or over, other than those drivers transporting passengers for hire pursuant to a Taxi and Limousine Commission license. The proposed legislation would exempt buses, including school buses, and authorized emergency vehicles, mirroring provisions in State law. It would also exempt passengers with a physically disabling condition duly certified by a physician that would prevent safety belt use, and provide an affirmative defense for passengers of for hire vehicles that the vehicle in which they are a traveling lacks a visible, accessible, and working back seat safety belt.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1435, 2. Int. No. 1435, 3. February 13, 2019 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 2-13-19

Int. No. 1435

 

By Council Member Rodriguez (by request of the Mayor)

 

A Local Law to amend the administrative code of the city of New York, in relation to the use of back seat safety belts

 

Be it enacted by the Council as follows:

 

Section 1.  Subchapter 2 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-175.7 to read as follows:

§ 19-175.7  Use of safety belts by back seat passengers required. In addition to any requirements set forth in section 1229-c of the vehicle and traffic law:

a. No person 16 years of age or over shall be a passenger in a back seat of a motor vehicle within the city of New York unless such person is restrained by a safety belt approved by the commissioner of the state department of transportation.

b. No person shall operate a motor vehicle within the city of New York unless every passenger in the back seat who is 16 years of age or over is restrained by a safety belt approved by the commissioner of the state department of transportation.

c. The requirements of this section shall not apply to buses, school buses, as such term is defined in section 142 of the vehicle and traffic law, or authorized emergency vehicles, as such term is defined in section 101 of the vehicle and traffic law.

d. The requirements of this section shall not apply to a passenger with a physically disabling condition whose physical disability would prevent appropriate restraint in  a safety belt; provided, however, that such condition is duly certified by a physician who shall state the nature of the disability, as well as the reason such restraint is inappropriate.

e. The requirements of subdivision b of this section shall not apply to drivers operating vehicles which they have been licensed to operate by the taxi and limousine commission while they are transporting passengers for hire pursuant to such licensure.

f. Any passenger 16 years of age or over or any operator of a motor vehicle who violates the provisions of this section shall be guilty of a traffic infraction and upon conviction thereof shall be liable for a fine of not more than $50. Such traffic infraction may be adjudicated by an administrative tribunal authorized under article 2-A of the vehicle and traffic law.

g. In any proceeding alleging a violation of subdivision a of this section by a passenger in the back seat of a taxi or livery vehicle, it shall be an affirmative defense that such taxi or livery vehicle was in violation of subdivision 4-b of section 383 of the vehicle and traffic law, requiring the installation, in a taxi or livery vehicle, of a back seat safety belt that is visible, accessible and maintained in good working order.

§ 2. This local law takes effect 180 days after it becomes law, except that the department shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.