NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8100
SPONSOR: Galef TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring a
child under the age of two in certain circumstances to be secured in a
rear-facing child restraint system
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require a child under the age of
two, in certain circumstances, to be secured in a rear-facing child
restraint system.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 1229-c of the Vehicle and Traffic
Law, as amended by chapter 18 of the laws of 2005, paragraph (b) as
amended by chapter 405 of the laws of 2009, is amended by adding the
following underlined language. 1. No person shall operate a motor vehi-
cle unless: (a) all back seat passengers under the age of 4 are
restrained in the proper seat, which shall be rear-facing whenever the
passenger being restrained is under the age of two except in the event
that the weight or height of such passenger under the age of two exceeds
the occupant size and weight recommendations of the manufacturer of such
rear-facing seat, such seat may be forward-facing...
Section 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This section is not applicable at this time.
JUSTIFICATION:
Traffic crashes are a leading cause of death for children.
The America Academy of Pediatrics proclaim, "The best practice results
from the need to support the young child's posterior torso, neck, head,
and pelvis and to distribute crash forces over the entire body... Rear-
facing car safety seats address this risk by supporting the child's head
and preventing the relatively large head from moving independently of
the proportionately smaller neck."
A 2007 University of Virginia study found that children under two were
75% more likely to suffer injury if they were in a forward-facing seat
rather than a rear-facing seat; for children 12-23 months old, the risk
is more than five times greater.
This much needed legislation will save the lives of our most vulnerable
population by requiring children under two years of age be restrained in
a rear-facing car seat in most instances. It offers leniency based on
weight and height, and with an effective date of November 1, 2019,
parents and drivers will have ample to time to learn about the change,
and make their purchase decisions accordingly.
PRIOR LEGISLATIVE HISTORY:
A. 9594 and S. 6731 of 2015/2016
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect on November 1, 2019.
STATE OF NEW YORK
________________________________________________________________________
8100
2017-2018 Regular Sessions
IN ASSEMBLY
May 26, 2017
___________
Introduced by M. of A. GALEF, McDONOUGH -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring a
child under the age of two in certain circumstances to be secured in a
rear-facing 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 1 of section 1229-c of the vehicle and traffic
2 law, as amended by chapter 18 of the laws of 2005, paragraph (b) as
3 amended by chapter 405 of the laws of 2009, is amended to read as
4 follows:
5 1. No person shall operate a motor vehicle in this state unless: (a)
6 all back seat passengers of such vehicle under the age of four are
7 restrained in a specially designed seat which meets the Federal Motor
8 Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is
9 either permanently affixed or is affixed to such vehicle by a safety
10 belt[, or] and which shall be rear-facing whenever the passenger being
11 restrained in such seat is under the age of two except that in the event
12 that the weight or height of such passenger under the age of two exceeds
13 the occupant size and weight recommendations of the manufacturer of such
14 rear-facing seat, such seat may be forward-facing; provided, however,
15 that in the event that the weight of such passenger under the age of
16 four exceeds forty pounds, such passenger may be restrained (i) in an
17 appropriate child restraint system as defined in subdivision four of
18 this section used with combination lap safety and shoulder harness belts
19 or (ii) by a lap safety belt in the event such vehicle is not equipped
20 with combination lap safety and shoulder harness belts or all the combi-
21 nation lap safety and shoulder harness belts are being used to properly
22 restrain other passengers who are under the age of sixteen; (b) all back
23 seat passengers of such vehicle who are age four or older but under age
24 eight (i) are restrained in an appropriate child restraint system as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03046-02-7
A. 8100 2
1 defined in subdivision four of this section used with combination lap
2 and shoulder harness belts or (ii) are restrained in a lap safety belt
3 in the event such vehicle is not equipped with combination lap safety
4 and shoulder harness belts or all the combination lap safety and shoul-
5 der harness belts are being used to properly restrain other passengers
6 who are under the age of sixteen; or (c) in the case of any other back
7 seat passenger under the age of sixteen, he or she is restrained by a
8 safety belt approved by the commissioner.
9 § 2. This act shall take effect November 1, 2019.
