New York Laws
Article 33 - Miscellaneous Rules
1229-C - Operation of Vehicles With Safety Seats and Safety Belts.

(b) No person sixteen years of age or over shall be a passenger in a
taxi or livery unless such person is restrained by a safety belt
approved by the commissioner.
(c) No person eight years of age or older but under age sixteen shall
be a passenger in a taxi or livery unless such person is restrained by a
safety belt approved by the commissioner. A police officer shall only
issue a summons for a violation of this paragraph 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 or more. Such summons shall only be
issued to such parent or guardian and shall not be issued to the person
eight years of age or older but under age sixteen.
4. For the purposes of this section, the following terms shall have
the following meanings: (a) "motor vehicle" shall include all motor
vehicles which are required by section three hundred eighty-three of
this chapter or regulation or would be required if such motor vehicle
were registered in New York state to be equipped by a safety belt but
shall not include those vehicles which are used as school buses, as such
term is defined in section one hundred forty-two of this chapter and
those vehicles which are authorized emergency vehicles, as such term is
defined in section one hundred one of this chapter, provided, however,
that for purposes of this section, "motor vehicle" shall also include
fire vehicles owned and/or operated by a fire company as defined by
subdivision two of section one hundred of the general municipal law and
ambulances owned and/or operated by a voluntary ambulance service as
defined by subdivision three of section one hundred of the general
municipal law;
(b) "child restraint system" shall mean any device, used in
conjunction with safety belts, designed for use in a motor vehicle to
restrain, seat, or position children and which meets the applicable
Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213;
and
(c) "appropriate child restraint system" shall mean a child restraint
system for which the occupant meets the occupant size and weight
recommendations of the manufacturer of such system.
5. Any person who violates the provisions of subdivision three,
three-c or ten-a of this section shall be punished by a civil fine of up
to fifty dollars. 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 subdivision 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. In any prosecution or
proceeding alleging a violation of paragraph (b) or paragraph (c) of
subdivision three-c of this section, it shall be an affirmative defense
that such taxi or livery was in violation of subdivision four-b of
section three hundred eighty-three of this chapter.
6. The court shall waive any fine for which a person who violates the
provisions of this section would be liable with respect to passengers
under the age of eight if such person supplies the court with proof
that, between the date on which he is charged with having violated this
section and the appearance date for such violation, he purchased or
rented a child restraint system which meets the requirements of
subdivision one of this section. Provided, however, that such waiver of
fine shall not apply to a second or subsequent conviction under this
section.
7. The provisions of this section shall not apply to a passenger or
operator with a physically disabling condition whose physical disability
would prevent appropriate restraint in such safety seat or safety belt
provided, however, such condition is duly certified by a physician who
shall state the nature of the handicap, as well as the reason such
restraint is inappropriate.
8. Non-compliance with the provisions of this section shall not be
admissible as evidence in any civil action in a court of law in regard
to the issue of liability but may be introduced into evidence in
mitigation of damages provided the party introducing said evidence has
pleaded such non-compliance as an affirmative defense.
9. Notwithstanding the provisions of subdivision four of this section,
the provisions of this section shall not apply to buses other than
school buses and the provisions of subdivisions one, two, three and
three-a of this section shall not apply to taxis and liveries except
that the provisions of subdivision three-a of this section shall be
applicable to any person operating a taxi or livery and to taxi and
livery passengers age eight or older.
10. The provisions of this section shall not apply to persons employed
as rural letter carriers, as defined by the United States postal
service, while such persons are discharging the duties of such
employment.
10-a. Notwithstanding the provisions of subdivision one of this
section, no person sixteen years of age or over shall be a passenger in
the rear seat of a fire vehicle owned and/or operated by a fire company
as defined by subdivision two of section one hundred of the general
municipal law or in the rear seat of an ambulance owned and/or operated
by a voluntary ambulance service as defined by subdivision three of
section one hundred of the general municipal law unless such person is
restrained by a safety belt approved by the commissioner. Provided,
however, that the provisions of this subdivision shall not apply: (a) to
a passenger in the rear seat of such fire vehicle or ambulance if such
seat is not required to be equipped with safety belts pursuant to the
provisions of section three hundred eighty-three of this chapter, nor
(b) to emergency medical personnel during the course of providing
patient care in the rear compartment of an ambulance in accordance with
applicable patient care standards, guidelines and protocols established
pursuant to article thirty of the public health law.

11. Notwithstanding the provisions of subdivision four of this
section, no person shall operate a school bus unless all passengers
under the age of four are restrained in a specially designed detachable
or removable seat as required by subdivision one of this section, or
another restraining device approved by the commissioner.
12. (a) Every rental vehicle company, as defined in paragraph (c) of
subdivision one of section three hundred ninety-six-z of the general
business law, shall post a sign in their place of business which states
in conspicuous lettering of at least seventy-two point boldface type:
NEW YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT TO BE
RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.
(b) Such sign shall be placed in an upright position and in a
conspicuous place where it can easily be read by the clientele of the
rental vehicle company.
(b-1) A peer-to-peer car sharing program as defined in section three
thousand four hundred fifty-eight of the insurance law shall provide
comparable notice for shared vehicle drivers and shared vehicle owners,
as defined in section three thousand four hundred fifty-eight of the
insurance law, on its website in conspicuous lettering.
(c) Any rental vehicle company or peer-to-peer car sharing program
that makes a shared vehicle, as defined in section three thousand four
hundred fifty-eight of the insurance law, available for peer-to-peer car
sharing which violates the provisions of this subdivision shall be
subject to a civil penalty, not to exceed one hundred dollars for each
day of violation.
13. Notwithstanding the provisions of subdivision four of this
section, no person shall operate a school bus for which there are no
applicable federal school bus safety standards unless all occupants are
restrained by a safety belt approved by the commissioner or, regarding
occupants age four or older but under age seven, are restrained pursuant
to subdivision one or two of this section.