New York Now Requires Rear-Facing Child Safety Seats in Motor Vehicles

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New York Now Requires Rear-Facing Child Safety Seats in Motor Vehicles

When it comes to child safety, political leaders and safety advocates have long pushed expansion of seat belt laws to reduce injuries and fatalities in traffic accidents. These laws have become more specific over time, particularly with how young children should be restrained in motor vehicles. High fines and tougher enforcement have resulted in compliance, but with the ever-shifting requirements, drivers can find it difficult to keep up with changes.

As of November 1, 2019, the law now states that children up to two-years old in a motor vehicle must be restrained in a rear-facing child seat (also known as a safety seat, car seat, or booster seat). 

What Are the Seat Belt Laws in New York City?

The New York State Vehicle and Traffic Law (“VTL”) Title VII, Section 33 lists the seat belt rules for motor vehicles throughout the state of New York, including New York City.

Specifically, Section 1229(c) of the VTL provides a detailed description for child seats and seat restraint requirements for motor vehicles in the state:

  • children under 4 years of age and under 40 pounds are required to be in the backseat restrained in a car seat that meets federal standards

  • children between the ages of 4 and 16 (as well as those under 4 if they exceed 40 pounds) must be restrained by seat belt harness systems approved by the traffic commissioner in both the front and rear seat(s) of a vehicle.

  • All passengers over the age of 16 seated in the front must wear a seat belt at all times.

The new law regarding rear-facing safety seat is now officially added to this list.

What Is the New Rear-Facing Safety Seat Law?

The American Academy of Pediatrics (AAP) produces studies and recommendations for child safety in motor vehicles. In 2011, the AAP began advocating rear-facing safety seats until a child is at least two-years old or until the child outgrows the height and weight recommendations from the manufacturer. 

This recommendation has now become law in the state of New York, with the specific age and type of safety seat explicitly required.

What Is a Rear-Facing Child Safety Seat?

At the risk of sounding obvious, rear-facing child seats are purposely-designed to fit securely in the back seat, facing backwards in a motor vehicle, with the appropriate harness and locking mechanisms. They come in several styles and models and must be the right one for your make of motor vehicle. Check manufacturer recommendations and seek retailer advice for your specific needs.

What Kind of Car Seats Should You Buy?

Child safety seats come in three main types: infant, convertible, and booster.

  • Infant: These car seats are designed for small babies and newborns. They are rear-facing only and generally will accommodate a child for their first nine months.

  • Convertible: This type of seat is designed for long-term use, first in a rear-facing configuration, then convertible to a front-facing seat as the child grows.

  • Booster: A booster seat is for an older child that no longer fits in a car seat but is too small to be restrained properly with a motor vehicle’s manufacturer-designed seatbelt system. The booster raises the child higher so that the belts secure on the child’s body in the optimal safety position.

An addition style called an All-In-One or Three-In-One safety seat can be used first as a rear-facing seat, then a forward facing one, and eventually converted to a booster.

By federal law, car seat manufacturers must test and certify that their products meet federal safety standards. As part of compliance, New York City car seat laws require that you use car seats that meet these certification standards. Always research before purchasing a car seat.

What Are the Fines and Penalties in Seat Belt Laws in New York City?

Penalties for violation of seat belt laws are within the VTL Article 33, Section 1229c. Fines and penalties include:

  • Fine up to $100 for a driver who has not properly restrained a child under the age of 16.

  • Processing fees up to $93 for each separate violation

  • Violation of seat belt laws pertaining to children under the age of 16 carry 3 points on the driver’s license for each conviction. 

Points accumulate on a license over a rolling 18-month period. If a driver acquires 11 points or more, the license may be suspended. No points are assigned if convicted of a violation involving the driver or front seat passenger over 16, though the fines and fees still apply.

Signing a ticket and paying the fine constitutes an admission of guilt to the violation. You will have no opportunity to contest the ticket if you do so.

Can You Fight a Car Seat Ticket in New York City?

Police and traffic enforcement officers can pull over any vehicle if they suspect passengers are not properly restrained. A traffic attorney in New York City can advise whether the traffic stop was appropriate. Checking with a traffic lawyer to understand your options may help avoid unnecessary costs and points on your license. Often, a brief consultation with a traffic law firm in New York is free of charge and well worth the effort in the long-run.

CALL WAXMAN & BEER

212-269-3988

With our 60 years of combined experience working with the New York Legal System and Most NY Traffic Courts,  our team of local traffic lawyers will defend your tickets saving you money and time.  We will aggressively contest your violations and seek to reduce your sentence, lower fines, and avoid getting points in order to prevent suspension or revocation of your license as well as increased insurance premiums

Michael Beer