NYS Department of Motor Vehicles
Governor's Traffic Safety Committee

NEW YORK STATE'S
OCCUPANT RESTRAINT LAW

New York State law requires seat belt use for all front-seat occupants. Over the past 25 years, New York's seat belt use rate has risen from 12% to over 75% today. Each and every year more than 200 lives are saved and over 1,500 serious injuries prevented as a result of the increased use of seat belts. Still more lives could be saved if all New Yorkers use their seat belts for every trip. Some highlights of New York State's occupant restraint law are:

 

	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 the age of 16 must wear seat belts in the back seat. Children under the age of four must ride in safety seats. Children age four, five, or six must ride in child restraint systems. Safety seats and child restraint systems must be certified according to Federal Motor Vehicle Safety Standard 213. Note: The effective date of the requirement to use a child restraint system for a child age four, five, or six is March 27, 2005.
	Children less than 4 years old but weighing more than 40 pounds may be restrained in a booster seat with a lap shoulder belt.
	Children ages 4, 5 and 6 must be properly restrained in an appropriate child restraint system, one that meets the child's height and weight recommendations according to the child restraint manufacturer.

 

	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 mail.

 

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.

New York State law requires that large school buses manufactured after July 1, 1987, be equipped with seat belts. Children under the age of four riding on school buses must ride in federally certified child safety seats. School bus drivers are required to wear their seat belts. Each school district sets its own policy on seat belt use.

 

If worn properly, seat belts will absorb the force of a crash impact and hold you securely in place, reducing your risk of injury. Seat belts are designed to work with the wearer sitting upright. They should be comfortable and allow free movement until they are needed to protect you. A seat belt too loose or too tight cannot provide full protection. Lap belts should be snug across your hip bones and the shoulder belt should be low on your chest and shoulder, away from your face or neck. If not worn properly, seat belts could cause internal injuries in a crash.

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.

 

 

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.

 

Air bags provide an extra degree of protection against crash injuries. They are meant to work with seat belts, not replace them. An air bag protects a front-seat occupant in a head-on crash by inflating upon impact and cushioning the occupant from colliding with the steering wheel, dashboard or windshield. The combination of seat belts and air bags offers maximum protection for motorists because they help the driver maintain control of the vehicle and help to avoid secondary collisions.

Air bags rapidly deploy from the steering wheel and/or dashboard. Most adults who are properly buckled up are safer in a vehicle with air bags, but the force of an air bag deploying may injure those who sit too close to it. You should sit with at least 10 inches between the center of your breastbone and the cover of your vehicle's air bag. Also, place your hands on the steering wheel at the 3 and 9 o'clock positions to keep them out of the way in the event of air bag deployment.

 

C-1 (3/05)

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http://www.nysgtsc.state.ny.us/belt-bro.htm -- Revised: November 09, 2005

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