Effective Date
11/24/2009
Law Mandate
- Effective November 24, 2009, children ages 7 & under must be restrained in an appropriate child safety seat.
- Children ages 15 & under must be restrained in some manner regardless of seating position.*
- Car rental agencies must post educational information regarding the state child occupant protection law.
- Safety belt law covers all occupants in front seating positions.
- Primary enforcement.
*As Safe Kids Worldwide focuses on accidental injury for children, this website posting merely addresses restraint coverage through age 15. This statement does not take into account any provisions mandating coverage for individuals ages 16 and over.
Enforcement
- Driver fined minimum $25/maximum $100 for child restraint violation.*
- Offender fined maximum $50 for safety belt violation.
*This law contains a waiver provision. Generally, this means that the penalty may or must be waived or reduced if the offender provided proof of purchase, rental or acquisition of an approved child safety seat within a specified period of time or if the court determines that such a penalty would impose undue economic hardship to the offender.
Gaps in Coverage
- The law fails to expressly recognize the importance of properly securing both the child and the child safety seat.
- New York does not have a legislatively mandated public education campaign, nor does it provide public funding to offset the costs of programs that would help protect children while traveling.
A Call to Action for New York
The New York legislature should, among other things:
- Add language that requires not only use, but proper use according to child safety seat manufacturer's instructions.
- Establish a child occupant protection public education program and supply sufficient funds to implement it.
- Consider creating a child safety seat loaner/giveaway program for families in need and establishing a child occupant protection class for violators.
- Eliminate its "proof of child safety seat purchase" waiver.
- Consider adding a well-crafted back seat mandate for child passengers.