Occupant Restraint Law

New York State’s Occupant Restraint Law

The driver and all front-seat passengers are required to wear seat belts, one person per belt. The driver and any front-seat passengers aged 16 or older can be fined up to $50 each if they fail to buckle up. If the violation involves a front-seat passenger under age 16, the driver can be fined from $25 to $100 and receive 3 driver license penalty points.

Children under age 16 must wear seat belts in the back seat (effective 11/28/00). Children under age four must be in safety seats that meet Federal Motor Vehicle Safety Standard 213.

TIP: A SEAT BELT FOR EACH PASSENGER IS ESSENTIAL.

New York is a “primary enforcement” state. Your failure to wear a seat belt is grounds for a law enforcement officer to stop you.

Drivers are responsible for making sure passengers aged 15 or younger comply with the seat belt law. Persons aged 16 or older are responsible for themselves. The law applies to out-of-state visitors as well as New York State residents.

Seat belt use is not required in 1964 or older model vehicles, taxis, livery vehicles, emergency vehicles or by passengers in buses other than school buses (seat belt use may be required by the school district). Rural Letter Carriers are also exempt while they are delivering mail1313.

Children in Seat Belts

Seat belts play a vital role in protecting your vehicle’s occupants. Most children
weighing 80 pounds or more can safely use lap/shoulder belts. They must
be able to sit straight up against the vehicle’s seat back with their
knees bent comfortably over the edge of the seat. The shoulder belt should
rest snugly across the child’s chest and shoulder (collar bone), without
touching the throat. The lap belt should fit low and tight across the
upper thighs. If the seat belt does not fit properly, then your child
needs a booster seat.

TIP: NEVER PUT THE CHILD’S SHOULDER BELT UNDER THE ARMS OR BEHIND THE BACK.

Pregnant Women

Pregnant women should always wear seat belts to protect both the expectant mother and her unborn child. Make sure the lap belt is low on the hips, under the unborn child, and the shoulder belt is resting across the chest and shoulder.

TIP: DURING WINTER, IT MAY BE NECESSARY TO LOOSEN HEAVY COATS OR LIFT THEM OUT OF THE WAY SO THAT THEY DO NOT INTERFERE WITH THE PROPER ADJUSTMENT OF SEAT BELTS.

Medical Exemption

If a physical condition inhibits the proper use of a seat belt, you may be exempt provided your physician certifies your condition and exemption in writing. Certification must be on the physician’s letterhead and carried with you when you travel. Regardless of physical problems, a seat belt normally offers you the best protection.

TIP: NEVER PUT AN INFANT IN A REAR-FACING CHILD SAFETY SEAT
IN THE FRONT SEAT OF A VEHICLE WITH A PASSENGER AIR BAG.

 

New York State Governor’s Traffic Safety Committee