N.Y. Vehicle & Traffic Law § 383: Safety belts and anchorage assemblies

§ 383. Safety belts and anchorage assemblies. 1. Safety belts

required. No motor vehicle shall be sold or registered in this state

and no motor vehicle registered in this state shall be operated in this

state unless such vehicle is equipped with safety belts approved by and

conforming to standards established by the commissioner as follows:

(a) A motor vehicle manufactured or assembled after June thirtieth,

nineteen hundred sixty-four and designated as a 1965 or later model, at

least two safety belts for the front seat;

(b) A motor vehicle manufactured or assembled after June thirtieth,

nineteen hundred sixty-six and designated as a 1967 or later model, at

least one safety belt for the rear seat for each passenger for which the

rear seat of such vehicle was designed;

* (c) A motor vehicle manufactured or assembled on or after January

first, nineteen hundred sixty-eight, at least one safety belt for each

passenger seat position;

* NB Repealed upon notification that any federal agency determines in

writing that chapter 10 of 2020 would render New York state ineligible

for the receipt of federal funds or any court of competent jurisdiction

finally determines that said chapter would render New York state out of

compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* (c) A motor vehicle manufactured or assembled on or after January

first, nineteen hundred sixty-eight, at least one safety belt for each

passenger seat position.

* NB Effective upon repeal (see chapter 10 of 2020 § 6)

* (d) An altered motor vehicle commonly referred to as a "stretch

limousine" which was altered on or after January first, two thousand

twenty-one, at least two safety belts for the front seat, and at least

one safety belt for the rear seat for each passenger for which the rear

seat of such vehicle was designed, and at least one safety belt for each

passenger seat position.

* NB Repealed upon notification that any federal agency determines in

writing that chapter 10 of 2020 would render New York state ineligible

for the receipt of federal funds or any court of competent jurisdiction

finally determines that said chapter would render New York state out of

compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* 1-a. No altered motor vehicle commonly referred to as a "stretch

limousine" which was altered prior to January first, two thousand

twenty-one shall be sold or registered in this state and no such altered

motor vehicle altered prior to January first, two thousand twenty-one

registered in this state shall be operated in this state unless such

vehicle is retrofitted and equipped with safety belts approved by and

conforming to standards established by the commissioner as follows: at

least two safety belts for the front seat, and at least one safety belt

for the rear seat for each passenger for which the rear seat of such

vehicle was designed, and at least one safety belt for each passenger

seat position.

* NB Repealed upon notification that any federal agency determines in

writing that chapter 10 of 2020 would render New York state ineligible

for the receipt of federal funds or any court of competent jurisdiction

finally determines that said chapter would render New York state out of

compliance with federal law or regulation (see chapter 10 of 2020 § 6)

2. Anchorage assemblies. No motor vehicle shall be sold or registered

in this state unless such motor vehicle is equipped with safety belt

assembly anchorages conforming to standards established by the

commissioner for each safety belt required in such motor vehicle. In

addition, no motor vehicle manufactured or assembled after June

thirtieth, nineteen hundred sixty-two shall be sold or registered in

this state unless such motor vehicle is equipped with safety belt

assembly anchorages conforming to standards established by the

commissioner for two safety belts for the front seat of such vehicle.

3. Sale of safety belts. No safety belt shall be sold for use in a

motor vehicle, or installed in a motor vehicle unless such safety belt

is approved by, and conforms to standards established by the

commissioner.

4. Safety belts required in certain used motor vehicles. No person,

firm, association or corporation engaged in the business of selling or

leasing used motor vehicles, shall sell or lease any used motor vehicle

manufactured or assembled after June thirtieth, nineteen hundred

sixty-two and designated as a 1963 or subsequent year model unless such

motor vehicle is equipped with two safety belts for the front seat of

such motor vehicle. This provision shall not apply to motor vehicles

sold at wholesale or for junk.

4-a. Driver seat safety belts for certain motor vehicles.

Notwithstanding any other provisions of this chapter, it shall be

unlawful for the owner of a bus as defined in section one hundred four

of this chapter and manufactured on or after January first, nineteen

hundred sixty-five or a motor vehicle used for the purpose of

transporting children to and from public or private schools to permit

such vehicle to be used for such purpose unless the driver's seat on

such vehicle is equipped with a seat safety belt of a type and

specifications as approved by the commissioner of motor vehicles. Any

owner who permits a motor vehicle to be operated without such safety

belt or any person who operates a motor vehicle and fails to use such

safety belt shall be in violation of the provisions of this subdivision

and shall be guilty of an infraction, punishable by a fine not exceeding

fifty dollars.

* 4-b. Taxicabs, liveries, and stretch limousines. All seat safety

belts installed in a taxicab or livery vehicle or in an altered motor

vehicle commonly referred to as a "stretch limousine" pursuant to this

section shall be clearly visible, accessible and maintained in good

working order, and no seat safety belt installed in such taxicab or

livery vehicle or altered motor vehicle shall be removed therefrom.

* NB Repealed upon notification that any federal agency determines in

writing that chapter 10 of 2020 would render New York state ineligible

for the receipt of federal funds or any court of competent jurisdiction

finally determines that said chapter would render New York state out of

compliance with federal law or regulation (see chapter 10 of 2020 § 6)

* 4-b. Taxicabs and liveries. All seat safety belts installed in a

taxicab or livery vehicle pursuant to this section shall be clearly

visible, accessible and maintained in good working order, and no seat

safety belt installed in such taxicab or livery vehicle shall be removed

therefrom.

* NB Effective upon repeal (see chapter 10 of 2020 § 6)

5. (a) Passenger seat safety belts for school buses. Every school bus,

as defined in section one hundred forty-two of this chapter,

manufactured for use in this state on and after July first, nineteen

hundred eighty-seven, shall be designed so that all passenger seats on

such vehicle are equipped with seat safety belts and increased seat back

padding on passenger seats of a type and specification as approved by

the commissioner of transportation through the adoption of rules and

regulations. Such rules and regulations shall provide that when any

contactable surface of the school bus, as specified in the Federal Motor

Vehicle Safety Standard, 49 CFR Section 571.222, is impacted from any

direction at twenty-two feet per second by the head form, the axial

acceleration at the center of gravity of the head form shall be such

that the head form impact requirement shall not exceed eight hundred.

(b) Passenger seat safety belts for existing school buses. Any school

bus as defined in section one hundred forty-two of this chapter, which

is scheduled for retrofitting pursuant to action by a board of education

or board of trustees under section thirty-six hundred thirty-five-a of

the education law shall be retrofitted so that all passenger seats on

such vehicles are equipped with seat safety belts and additional padding

of a type and specification as approved by the commissioner of

transportation through the adoption of rules and regulations. Such rules

and regulations shall provide that when any contactable surface of the

school bus as specified in the Federal Motor Vehicle Safety Standard,

49CFR Section 571.222 is impacted from any direction at twenty-two feet

per second by the head form, the axial acceleration at the center of

gravity of the head form shall be such that the head form impact

requirement shall not exceed eight hundred. Furthermore, the

commissioner shall have the power through rules and regulations to

exempt certain design school buses from retrofitting. In granting such

exemptions, the commissioner shall consider safety factors, structural

integrity of the school buses and any other items deemed necessary to

preserve the safety and welfare of the school bus passengers. Provided

further however that the commissioner of transportation shall not

authorize retrofitting of any school bus manufactured prior to April

first, nineteen hundred seventy-seven.

6. Regulations. The Commissioner shall establish by regulation

standards for safety belts, safety belt anchorage assemblies, and the

installation of safety belts in motor vehicles. The commissioner may

also by regulation exclude certain motor vehicles or types of motor

vehicles from the requirements of this section. The commissioner may

prescribe the method of securing approval of safety belts.