New York State Law

Vehicle and Traffic Law

Consolidated Laws of New York's VTL code

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Article 33 - NY Vehicle and Traffic Law

MISCELLANEOUS RULES

Section Description
1210Unattended motor vehicle.
1211Limitations on backing.
1212Reckless driving.
1213Obstruction to driver's view or driving mechanism.
1214Opening and closing vehicle doors.
1215Driving on mountain highways.
1216Coasting prohibited.
1217Following emergency fire vehicles prohibited.
1218Crossing fire hose.
1219Putting glass or other injurious substances on highway prohibited.
1220Throwing refuse on highways and adjacent lands prohibited.
1220-aLiability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more.
1220-bUnlawful solicitation of ground transportation services at an airport.
1220-cWork permits for work on state highways.
1221Driving through safety zone prohibited.
1222Persons riding on trucks.
1223Lights on vehicles used for transportation of passengers.
1223-aSchool buses; required identification.
1224Abandoned vehicles.
1225Avoiding intersection or traffic-control device.
1225-aDriving on sidewalks.
1225-bRetail sale of frozen desserts by motor vehicle; restrictions.
1225-cUse of mobile telephones.
1225-dUse of portable electronic devices.
1226Control of steering mechanism.
1227Consumption or possession of alcoholic beverages in certain motor vehicles.
1228Riding in house coach trailers.
1229Sign required on privately-owned vehicle used in delivery of mail.
1229-aPedestrians, animals, and non-motorized vehicles prohibited on state expressway highways or state interstate route highways including the entrances thereto and exits therefrom.
1229-bOperation of school, camp and charter omnibuses with passengers standing prohibited.
1229-cOperation of vehicles with safety seats and safety belts.
1229-dSchool bus attendant.
S 1210. Unattended  motor  vehicle. (a) No person driving or in charge
  of a motor vehicle shall permit it to  stand  unattended  without  first
  stopping  the  engine,  locking  the ignition, removing the key from the
  vehicle, and effectively setting the brake thereon  and,  when  standing
  upon  any  grade,  turning  the  front wheels to the curb or side of the
  highway, provided, however, the provision for removing the key from  the
  vehicle  shall  not  require the removal of keys hidden from sight about
  the vehicle for convenience or emergency.
    (b) A driver may, for the purpose of getting away from  the  place  of
  standing,  move  another  vehicle  which  is so placed he cannot get his
  vehicle out; provided, however, that  immediately  thereafter  he  shall
  reset the brake and, if on a grade, turn the front wheels to the curb or
  side  of  the  highway.  This privilege is subject to the limitation set
  forth in subdivision (e) of section twelve hundred two.
    (c) Towing  agencies,  which  remove  vehicles  unlawfully  parked  on
  private property at request of the owner of the premises and without the
  written  consent  of  the owner of the vehicle, shall immediately notify
  the local police station house having jurisdiction over the  area  where
  such  vehicle was unlawfully parked, of the description of the car which
  was removed, and the time of removal.

S 1211. Limitations  on backing. (a) The driver of a vehicle shall not
  back the same unless such movement can be made with safety  and  without
  interfering with other traffic.
    (b)  The driver of a vehicle shall not back the same upon any shoulder
  or roadway of any controlled-access highway.
    (c) the driver of a motor vehicle engaged in retail  sales  of  frozen
  desserts  as that term is defined in subdivision thirty-seven of section
  three hundred seventy-five of this chapter directly to pedestrians shall
  not back the same to make or attempt to make a sale.

S 1212. Reckless driving. Reckless driving shall mean driving or using
  any  motor  vehicle,  motorcycle  or  any other vehicle propelled by any
  power other than muscular power or any appliance or accessory thereof in
  a manner which unreasonably interferes with the free and proper  use  of
  the  public  highway,  or  unreasonably  endangers  users  of the public
  highway. Reckless driving is prohibited.  Every  person  violating  this
  provision shall be guilty of a misdemeanor.

S 1213. Obstruction  to  driver's  view  or  driving mechanism. (a) No
  person shall drive a motor vehicle when it is so loaded, or  when  there
  are  in the front seat such number of persons as to obstruct the view of
  the driver to the front or sides of the vehicle or as to interfere  with
  the  driver's  control  over the driving mechanism of the vehicle. In no
  event shall there be more than three persons in the front  seat  of  any
  vehicle, except where such seat has been constructed to accommodate more
  than  three persons and there is eighteen inches of seating capacity for
  each passenger or occupant in said front seat.
    (b) No passenger in a vehicle shall ride in  such  a  position  as  to
  interfere  with the driver's view ahead or to the sides, or to interfere
  with his control over the driving mechanism of the vehicle.

S 1214. Opening  and  closing  vehicle doors. No person shall open the
  door of a motor vehicle on the side available to moving  traffic  unless
  and  until  it  is  reasonably  safe  to  do so, and can be done without
  interfering with the movement of other traffic,  nor  shall  any  person
  leave  a  door open on the side of a vehicle available to moving traffic
  for a period of time longer than necessary to load or unload passengers.

S 1215. Driving  on  mountain  highways. The driver of a motor vehicle
  traveling through defiles or canyons or on mountain highways shall  hold
  such  motor vehicle under control and as near the right-hand edge of the
  highway as reasonably possible and, upon approaching any curve where the
  view is obstructed within a distance  of  two  hundred  feet  along  the
  highway, shall give audible warning with the horn of such motor vehicle.

 S 1216. Coasting  prohibited.  The  driver  of  any motor vehicle when
  traveling upon a down grade shall not  coast  with  the  gears  of  such
  vehicle in neutral, nor with the clutch disengaged.

S 1217. Following  emergency  fire  vehicles prohibited. The driver of
  any vehicle other than one on official business  shall  not  follow  any
  authorized  emergency  fire vehicle in the same lane or an adjacent lane
  to the one being used by such fire vehicle at a distance closer than two
  hundred feet while such fire vehicle is displaying one or  more  red  or
  combination  red  and  white  lights, or one white light which must be a
  revolving, rotating, flashing, oscillating or constantly  moving  light,
  nor  shall  such driver drive into or park his or her vehicle within the
  block or where there is no block, within one thousand feet of where such
  fire vehicle has stopped in answer to a fire alarm.

S 1218. Crossing  fire  hose.  No  vehicle  shall  be  driven over any
  unprotected hose of a fire department when laid down on  any  street  or
  private  driveway,  to be used at any fire or alarm of fire, without the
  consent of the fire department official in command.

 S 1219. Putting   glass  or  other  injurious  substances  on  highway
  prohibited. (a) No person shall throw or deposit upon  any  highway  any
  glass  bottle,  glass,  nails,  tacks,  wire,  cans,  snow  or any other
  substance likely to injure any person,  animal,  or  vehicle  upon  such
  highway.
    (b) Any person who drops, or permits to be dropped or thrown, upon any
  highway  any  destructive  or  injurious  material or any material which
  interferes with the safe use of the highway shall immediately remove the
  same or cause it to be removed.
    (c) Any person removing a wrecked or damaged vehicle  from  a  highway
  shall  remove  any  glass  or other injurious substance dropped upon the
  highway from such vehicle.

S 1220. Throwing refuse on highways and adjacent lands prohibited. (a)
  No  person  shall  throw, dump, deposit or place, or cause to be thrown,
  dumped, deposited or placed upon any highway, or within  the  limits  of
  the  right  of  way  of  such  highway,  or  upon private lands adjacent
  thereto, any refuse, trash, garbage, rubbish, litter or any nauseous  or
  offensive matter.
    (b) Nothing herein contained shall be construed as prohibiting the use
  in  a  reasonable  manner of ashes, sand, salt or other material for the
  purpose of reducing the hazard of, or providing traction on snow, ice or
  sleet.
    (b-1) Nothing herein contained shall be construed as  prohibiting  the
  use  of  any highway or private lands adjacent thereto for the transport
  or transit of agricultural trucks, machines or implements  or  dairy  or
  domestic  animals or agricultural stock with any accompanying reasonable
  or unavoidable deposit of nauseous or offensive matter.
    (c) A violation of the provisions of subdivision (a) of  this  section
  shall  be punishable by a fine not to exceed three hundred fifty dollars
  and/or a requirement to perform services for a public or  not-for-profit
  corporation,  association, institution or agency not to exceed ten hours
  and for any second or subsequent violation by a fine not to exceed seven
  hundred dollars and/or a requirement to perform services for a public or
  not-for-profit corporation, association, institution or  agency  not  to
  exceed fifteen hours.

 S  1220-a. Liability for violation of a local law prohibiting unlawful
  dumping in a city having a population of one million or more.  1.  In  a
  city  having  a  population  of  one million or more which has adopted a
  local law prohibiting unlawful dumping by any person, his or her  agent,
  employee  or any person under his or her control, the owner, operator or
  owner-operator of a vehicle used in violation of such local law  who  is
  found  in  violation  of  such local law where the environmental control
  board of such  city  has  determined  that  such  violation  involved  a
  substantial  amount  of  materials  or  matter  shall  be subject to the
  suspension of his or her  driver's  license,  resident  or  non-resident
  privilege  to  operate,  or  registration pursuant to subdivision two of
  this section in addition to any civil and criminal penalties  set  forth
  in such local law. For the purposes of this section, the following terms
  shall have the following meanings: (a) "substantial amount" shall mean a
  volume  of  at  least two cubic yards; (b) "unlawful dumping" shall mean
  suffering or permitting any  dirt,  sand,  gravel,  clay,  loam,  stone,
  rocks, rubble, building rubbish, sawdust, shavings or trade or household
  waste,  refuse, ashes, manure, garbage, rubbish or debris of any sort or
  any other organic or inorganic material  or  thing  or  other  offensive
  matter  being transported in a dump truck or other vehicle to be dumped,
  deposited or otherwise disposed of in or upon  any  street,  lot,  part,
  public place or other area whether publicly or privately owned in a city
  with  a population of one million or more, except in a manner prescribed
  by law, rule or regulation; (c) "owner" shall mean an owner  as  defined
  in  section one hundred twenty-eight and in subdivision three of section
  three hundred eighty-eight of  this  chapter,  provided,  however,  that
  owner  shall  include  any  lessee  or  bailee  of  a vehicle having the
  exclusive use thereof, under a lease or otherwise,  for  any  period  of
  time;  (d) "operator" shall mean any person who uses or operates a motor
  vehicle with or without the express or implied consent of the owner; (e)
  "owner-operator" shall mean any owner  who  uses  or  operates  a  motor
  vehicle  where  such  owner-operator is the owner of such motor vehicle;
  and  (f)  "environmental  control  board"  or  "board"  shall  mean  the
  environmental  control  board of a city with a population of one million
  or more.
    2. Upon certification pursuant to the provisions of this section  from
  the  environmental  control  board  that  there  remains  unpaid a civil
  penalty imposed for a violation of  a  local  law  prohibiting  unlawful
  dumping,  the  commissioner  shall  suspend  the  driver's  license,  or
  resident or  non-resident  privilege  to  operate,  of  an  operator  or
  owner-operator  found  to  be in violation of such local law and who has
  failed to pay such civil penalty, and the registration of  all  vehicles
  owned  by  an  owner  or owner-operator found to be in violation of such
  local law and who has failed to pay such civil penalty. Such  suspension
  shall  remain  in  effect  until  such  board  notifies the commissioner
  pursuant to subdivision four of this section that such suspension  shall
  be  terminated.  Such  certification  and notice of termination shall be
  made in the form and  manner  agreed  upon  between  such  environmental
  control board and the commissioner.
    3. Whenever an owner, operator or owner-operator has been found by the
  environmental   control  board  to  be  in  violation  of  a  local  law
  prohibiting unlawful dumping, and such owner, operator or owner-operator
  has failed to make payment on a civil penalty imposed for such violation
  within one hundred days of the date such civil penalty was imposed, such
  board may certify such fact to the commissioner. Provided, however, that
  prior to making such certification, notification shall  be  provided  to
  each such owner, operator or owner-operator pursuant to subdivision four
  of  this  section.  No  such certification shall be made unless (a) such
  civil penalty has remained unpaid one hundred days from  the  date  such
  civil  penalty  was  imposed,  either  in full or in accordance with the
  terms of any written payment schedule established by such board with the
  consent  of  the  person  found  in  violation, and (b) such city with a
  population  of  one  million  or  more  has  complied  with  the  notice
  requirements pursuant to this section.
    4.  (a)  A  city  with  a  population of one million or more which has
  adopted a local law prohibiting unlawful dumping shall provide an owner,
  operator, or owner-operator found to be in violation of such  local  law
  with  a  minimum  of  two  written  notices stating that failure to make
  payment on a civil penalty within one hundred  days  of  the  date  such
  civil penalty was imposed for such violation may result in certification
  to the department to suspend the driver's license, privilege to operate,
  or  vehicle registration, as the case may be, unless, by such date, such
  owner, operator or owner-operator  makes  full  payment  of  such  civil
  penalty  or  enters  into a written payment schedule established by such
  board with the consent of such owner,  operator  or  owner-operator  and
  continues  to  comply  with  the terms of such schedule. Such city shall
  include one such written notice in the notice of violation  served  upon
  such  owner,  operator  or owner-operator for a violation of a local law
  prohibiting unlawful dumping, and the environmental control board  shall
  send  the  second such written notice by first class mail to such owner,
  operator or owner-operator not less than thirty days  but  in  no  event
  more  than sixty days prior to the date such board makes a certification
  to the commissioner pursuant to this section.
    (b) Upon the compliance of the owner, operator, or owner-operator with
  the provisions of paragraph (c) of this  subdivision,  the  board  shall
  notify  the  commissioner, within five business days of such compliance,
  that the suspension imposed pursuant to subdivision two of this  section
  shall be terminated.
    (c)  An  owner,  operator  or owner-operator who has received a notice
  that his or her driver's license, privilege to operate a motor  vehicle,
  or  vehicle  registration,  as  the case may be, shall be suspended, may
  avoid such suspension by: (i) making full payment of the  civil  penalty
  to  the  board  by  the  specified date; or (ii) entering into a written
  payment schedule established by such board  with  the  consent  of  such
  owner,  operator,  or owner-operator by the specified date and complying
  with the terms of such schedule.
    5. Notwithstanding section one hundred fifty-five of this  chapter  or
  any  other provision of law, where a person has been adjudicated by such
  environmental control board to be in violation of a local law  described
  in subdivision one of this section, such adjudication shall not have the
  force and effect of a conviction of a traffic infraction, or a violation
  of any provision of this chapter.

S 1220-b. Unlawful  solicitation  of ground transportation services at
  an airport. 1. No person shall unlawfully solicit ground  transportation
  services   at   an   airport.   A   person  unlawfully  solicits  ground
  transportation services at an airport, when, at an airport, such person,
  without being authorized to do so by the airport  operator,  or  without
  having  made a prior agreement to provide ground transportation services
  to a specific patron, engages or offers to engage in any business, trade
  or commercial transaction involving the rendering to another  person  of
  any ground transportation services from such airport.
    2.  As  used in this section, the term "ground transportation service"
  shall mean a service offering transportation by any  vehicle,  including
  taxi cab, limousine, van or bus.
    3.  As  used in this section, the term "airport" shall mean all of the
  real property forming part of any facility  used  for  the  landing  and
  taking  off  of  airplanes  engaged in the transportation of passengers,
  including without limitation, all roadways,  parking  areas,  pedestrian
  walkways and terminal buildings forming part of such facility.
    4.  Any  person  who  engages  in  the unlawful solicitation of ground
  transportation services at an airport shall  be  guilty  of  a  class  B
  misdemeanor  punishable  by  a fine of not less than seven hundred fifty
  dollars  nor  more  than  one  thousand  five  hundred  dollars,  or  by
  imprisonment  of  not  more  than  ninety  days or by both such fine and
  imprisonment. Notwithstanding any contrary provision of law, any  charge
  alleging  a violation of this section shall be returnable before a court
  having jurisdiction over misdemeanors.

S 1220-c. Work   permits   for  work  on  state  highways.  Except  in
  connection  with  the  construction,  reconstruction,  maintenance,   or
  improvement  of a state highway, no person shall work on a state highway
  without  a  work  permit   issued   by   the   state   commissioner   of
  transportation.

S 1221. Driving  through  safety  zone prohibited. No vehicle shall at
  any time be driven through or within a safety zone.

S 1222. Persons  riding on trucks. 1. No operator of any motor vehicle
  commonly known as an auto truck shall operate such auto truck, nor shall
  the owner thereof permit it to be operated, for a distance in excess  of
  five  miles,  while  there  is standing therein or thereon any person or
  persons in excess of one-third of  the  number  of  persons  therein  or
  thereon:
    a.  Unless  suitable  seats  are securely attached to the body of such
  auto truck;
    b. Unless side racks of at least three feet in height above the  floor
  of such auto truck are securely attached; and
    c.  Unless  it  shall  have attached thereto a tail board or tail gate
  which is securely closed.
    The provisions of this subdivision  shall  not  apply  to  persons  or
  corporations  operating an agency or agencies for public service, who or
  which are subject  to  the  jurisdiction,  supervision  and  regulations
  prescribed  by or pursuant to the public service law nor to their agents
  or  employees  when  engaged  in  the  business  of  such   persons   or
  corporations.
    2.  No  operator  of any motor vehicle commonly known as an auto truck
  shall operate such auto truck, nor shall the owner thereof permit it  to
  be  operated, in excess of five miles, while there are in excess of five
  persons under eighteen years of age in the body of such truck unless  at
  least  one  person  over eighteen years of age also rides in the body of
  said truck.

S 1223. Lights  on  vehicles  used  for  transportation of passengers.
  Unless otherwise governed by  the  provisions  of  this  chapter,  every
  vehicle  used  for the transportation of ten or more passengers upon the
  public highways, such as for picnics, hayrides and sleigh rides,  shall,
  during  the  period  from  one-half  hour  after sunset to one-half hour
  before sunrise, display at least two lighted lamps on the front, one  on
  each  side,  having light sources of equal power, which shall be visible
  for a distance of at least five hundred feet ahead of  the  vehicle  and
  which  shall  project  either  white  or  yellow light, and at least two
  lighted lamps on the rear, one on each side,  having  light  sources  of
  equal  power,  which  shall  be  visible for a distance of at least five
  hundred feet behind the vehicle and which shall project red light.

S 1223-a. School buses; required identification. All school buses, as
  defined in section one hundred forty-two  of  this  chapter,  purchased,
  leased  or  acquired  on  or  after  September  first,  nineteen hundred
  ninety-seven shall have the area code and telephone number of the  owner
  and/or  operator  printed    in three inch bold type on the rear of such
  vehicle.   Provided, however, that nothing  contained  herein  shall  be
  deemed  to  prohibit the printing of such information as herein provided
  on school buses purchased, acquired or leased prior to September  first,
  nineteen hundred ninety-seven.

S 1224. Abandoned  vehicles.  1. A motor vehicle shall be deemed to be
  an abandoned vehicle if left unattended
    (a) with no number plates affixed thereto, for more than six hours  on
  any highway or other public place;
    (b)  for  more  than  twenty-four hours on any highway or other public
  place, except a portion of a highway or public place on which parking is
  legally permitted;
    (c) for more than forty-eight hours, after the parking of such vehicle
  shall have become illegal, if left on a portion of a highway  or  public
  place on which parking is legally permitted;
    (d)  for  more  than  ninety-six  hours on property of another if left
  without permission of the owner.
    2. If an abandoned vehicle, at the time of abandonment, has no  number
  plates  affixed  and  is of a wholesale value, taking into consideration
  the condition of the vehicle, of one thousand two hundred fifty  dollars
  or  less, ownership shall immediately vest in the local authority having
  jurisdiction thereof and title to the vehicle shall vest  in  accordance
  with  applicable  law  and  regulations  of  the  commissioner, provided
  however that a local authority shall not be required to obtain title  to
  an  abandoned  vehicle  that  is  subject  to  the  provisions  of  this
  subdivision if the vehicle will be sold or otherwise disposed of as junk
  or salvage, dismantled for  use  other  than  as  a  motor  vehicle,  or
  otherwise destroyed.
    3.  (a)  Except  for  vehicles  governed  by  subdivision two, a local
  authority having custody of an abandoned vehicle shall make  an  inquiry
  concerning the last owner of such vehicle as follows:
    (i)  abandoned vehicle with number plates affixed--to the jurisdiction
  which issued such number plates;
    (ii) abandoned vehicle with no number plates  affixed--the  department
  of motor vehicles.
    (b)  Such  local authority shall notify the last owner, if known, that
  the vehicle in question has been recovered as an abandoned  vehicle  and
  that,  if  unclaimed,  it will be sold at public auction or by bid after
  ten days from the date such notice was given. If the agency described in
  paragraph (a) also notifies such local authority that a lien or mortgage
  exists such notice shall also be sent to the  lienholder  or  mortgagee.
  The  commissioner  shall  prescribe  the  methods  of giving notice. Any
  person claiming such vehicle shall be  required  to  pay  the  costs  of
  removal and storage of such vehicle.
    (c)  Ownership of such abandoned vehicles, if unclaimed, shall vest in
  such local authority ten days from the date such notice is given; or  if
  the  last  owner  cannot  be  ascertained,  when  notice of such fact is
  received.
    4. For the purposes of this section, a  local  authority  entitled  to
  custody  of  an abandoned vehicle shall be the town in which the vehicle
  was abandoned, or if abandoned in a city or village, the city or village
  in which the  vehicle  was  abandoned,  except  that  if  a  vehicle  is
  abandoned  on  property  of  the  New  York  state  thruway authority or
  property under the jurisdiction of the office of parks,  recreation  and
  historic  preservation,  the  department  of transportation, or a public
  authority  or  commission,  such  authority,   office,   department   or
  commission   shall   be   entitled  to  the  custody  of  such  vehicle.
  Notwithstanding any provision of  this  section  to  the  contrary,  the
  office  of  general  services  shall  be  entitled to the custody of any
  vehicle abandoned on state property  subsequent  to  its  sale  by  such
  office.  The  commissioner may, by regulation, provide that a county may
  act as the agent for a local authority for the purpose of  removing  and
  disposing of abandoned vehicles.
    5. (a) Such local authority shall determine if an abandoned vehicle is
  suitable  for operation on the public highways. If so, the vehicle shall
  be sold at public auction to the highest bidder or converted pursuant to
  subdivision six of this section.
    (b)  If  such  local authority determines that an abandoned vehicle is
  not suitable for operation on the public highways,  it  shall  sell  the
  vehicle  to  a  vehicle  dismantler  or  scrap  processor  registered or
  certified pursuant to section four hundred fifteen-a of this chapter  or
  to  a vehicle dismantler or scrap processor who does not have a place of
  business in this state but who conforms to the laws and  regulations  of
  the state in which he has a place of business.
    (c) An abandoned vehicle without a vehicle identification number plate
  must  be  sold  only  to  a  vehicle  dismantler  or  a  scrap processor
  registered or certified pursuant to section four  hundred  fifteen-a  of
  this  chapter or to a vehicle dismantler or scrap processor who does not
  have a place of business in this state but who conforms to the laws  and
  regulations  of  the  state in which he has a place of business. Nothing
  contained herein shall be construed as preventing a local authority from
  applying for a replacement vehicle identification number plate.
    6. (a) A local authority, if authorized by local law, may  convert  to
  its  own use those abandoned vehicles not affected by subdivision two of
  this section or may, by sale or gift, transfer  title  to  any  of  such
  vehicles  to  any  other  municipal  corporation  for  use  by  its  law
  enforcement agency, provided  however,  the  total  number  of  vehicles
  converted  and/or  transferred  in  any calendar year may not exceed one
  percent of  the  local  authority's  unclaimed  abandoned  vehicles  not
  affected  by  subdivision  two  of  this  section  or two such vehicles,
  whichever is greater.
    (b) Any proceeds from the  sale  of  an  abandoned  vehicle  less  any
  expenses  incurred  by  such  local authority shall be held by the local
  authority without interest, for the benefit of the owner of such vehicle
  for a period of one year.  If not claimed within such one  year  period,
  such  proceeds  shall  be  paid  into  the  general  fund  of such local
  authority.
    7. (a) No person shall cause any vehicle to be an  abandoned  vehicle.
  There  shall  be a rebuttable presumption that the owner of an abandoned
  vehicle caused such  vehicle  to  be  abandoned.  A  violation  of  this
  subdivision  shall  be punishable by a fine of not less than two hundred
  fifty dollars nor more than one thousand dollars. In  a  city  having  a
  population of one million or more, a violation of this subdivision shall
  in  addition  be  punishable  by  a  civil  penalty of not less than two
  hundred fifty dollars nor more than one thousand dollars.
    (b) Notwithstanding any other provision of law, in addition  to  those
  persons  otherwise authorized to enforce this subdivision and adjudicate
  violations thereof, this subdivision shall also be enforceable in a city
  having a population of one million or more  by  an  agency  or  agencies
  designated  for  such  purpose by the mayor of such city, and notices of
  violation may be returnable to the environmental control board  of  such
  city,  which  shall  have the power to impose the civil penalties herein
  provided. Notwithstanding any other  provision  of  law,  service  of  a
  notice  of  violation  for  a violation of this subdivision committed in
  such city may be made  upon  an  owner  by  first  class  mail,  postage
  prepaid,  and any such notice served by mail shall be returnable only to
  such environmental control board. Such service by first class mail shall
  be deemed complete upon mailing of the notice of violation,  unless  the
  notice  of  violation  is  returned  to  the sender by the United States
  postal service for  any  reason  other  than  refusal  of  delivery.  In
  addition,  any  notice  of violation for a violation of this subdivision
  may be served by a means  prescribed  in  article  three  of  the  civil
  practice law and rules or article three of the business corporation law.
  Notwithstanding any other provision of law, such civil penalties imposed
  by  such environmental control board shall be paid into the general fund
  of such city. Notwithstanding section one  hundred  fifty-five  of  this
  chapter  or  any  other  provision  of  law,  where  a  person  has been
  adjudicated by such environmental control board to be  in  violation  of
  this  subdivision, such adjudication shall not have the force and effect
  of a conviction of a  traffic  infraction  or  of  a  violation  of  any
  provision  of  this  chapter  for  any  purpose  not  specified  in this
  subdivision.
    (c) Any  final  order  issued  pursuant  to  this  subdivision  by  an
  environmental control board of a city having a population of one million
  or  more  shall  constitute a judgment which may be entered in any place
  provided for the entry of civil judgments within the state, and  may  be
  enforced without court proceedings in the same manner as the enforcement
  of  money judgments entered in civil actions; provided, however, that no
  such judgment shall be entered that exceeds  the  sum  of  ten  thousand
  dollars  for  each respondent.   Notwithstanding the preceding sentence,
  before a  judgment  based  upon  a  default  may  be  so  entered,  such
  environmental  control  board must have notified the respondent by first
  class mail in such form as such environmental control board may  direct:
  (1)  of the default decision and order and the penalty imposed; (2) that
  a judgment will be entered in any place provided for the entry of  civil
  judgments  in  the  state;  and  (3)  that entry of such judgment may be
  avoided by requesting a stay of default for good cause shown and  either
  requesting  a  hearing  or entering a plea pursuant to the rules of such
  environmental control board within thirty days of the  mailing  of  such
  notice.  No  judgment  based  upon  a  default  may be so entered by the
  environmental control  board  within  less  than  sixty  days  from  the
  completion  of service by mail of the notice of violation as provided in
  paragraph (b) of this subdivision.  Any requirement of any provision  of
  law other than this subdivision that relates to the manner of service of
  the   notice  of  violation  that  precedes  any  final  order  of  such
  environmental control board shall not apply  to  a  final  order  issued
  pursuant  to  this  subdivision.  A  judgment  entered  pursuant to this
  paragraph shall remain in full force and effect for eight years.
    (d) Notwithstanding any other provision of  this  chapter,  where  the
  environmental control board of a city having a population of one million
  or  more  has  adjudicated  any  person  to  be  in  violation  of  this
  subdivision  and  the  civil  penalty  therefor  is   not   paid,   such
  environmental  control  board  shall  notify  the  commissioner of motor
  vehicles of the judgment, who shall suspend any license of  such  person
  to  operate  a  motor  vehicle  in  this  state,  or,  if such person is
  unlicensed, such person's privilege of obtaining a license issued by the
  commissioner, or, if  such  person  is  a  non-resident,  such  person's
  privilege of operating a motor vehicle in this state, pending payment of
  such  civil  penalty. The procedures set forth in the first paragraph of
  subdivision seven of section five hundred ten of this chapter  shall  be
  applicable to a suspension pursuant to this paragraph.
    (e)  For purposes of this subdivision only, the term "owner" means any
  person, corporation, partnership, firm, agency, association,  lessor  or
  organization  who  at  the time of the issuance of a notice of violation
  for a violation of this subdivision:
    (i) is the beneficial or equitable owner of the abandoned vehicle; or
    (ii) has title to such vehicle; or
    (iii) is the registrant or co-registrant of  such  vehicle  registered
  with  the department of motor vehicles of this state or any other state,
  territory, district, province, nation or other jurisdiction; or
    (iv) uses such vehicle in its renting and/or leasing business; or
    (v)  is  an  owner  of  such vehicle as defined by section one hundred
  twenty-eight of this chapter or subdivision (a)  of  section  twenty-one
  hundred one of this chapter.
    9.  The  last  owner  of  an abandoned vehicle shall be liable to such
  local authority for the costs of removal and storage of such vehicle.
    10. The commissioner shall prescribe  by  regulation  such  forms  and
  procedures  necessary  or desirable to effectuate the provisions of this
  section.  Such regulations may include procedures for  the  removal  and
  disposition  of vehicle identification numbers of abandoned vehicles and
  forms for local records for abandoned vehicles and inquiries relating to
  ownership of such vehicles.

S 1225. Avoiding  intersection  or  traffic-control  device. No person
  shall drive across or upon a sidewalk, driveway, parking lot or  private
  property,  or  otherwise  drive  off  a  roadway,  in  order to avoid an
  intersection or traffic-control device.

S 1225-a. Driving  on sidewalks. No person shall drive a motor vehicle
  on or across a sidewalk, except that  a  vehicle  may  be  driven  at  a
  reasonable  speed, but not more than five miles per hour, on or across a
  sidewalk in such manner as not to interfere with the safety and  passage
  of  pedestrians  thereon,  who  shall  have the right of way, when it is
  reasonable and necessary:
    (a) to gain access to a  public  highway,  private  way  or  lands  or
  buildings adjacent to such highway or way;
    (b)  in  the  conduct of work upon a highway, or upon a private way or
  lands or buildings adjacent to such highway or way, or
    (c) to plow snow or perform any other public  service,  for  hire,  or
  otherwise,   which  could  not  otherwise  be  reasonably  and  properly
  performed.

S  1225-b. Retail   sale  of  frozen  desserts  by  motor  vehicle;
  restrictions. 1. No person operating a motor vehicle engaged  in  retail
  sales  of  frozen  desserts  as  that  term  is  defined  in subdivision
  thirty-seven of section  three  hundred  seventy-five  of  this  chapter
  directly to pedestrians shall engage in any such retail sale: (a) unless
  such  motor  vehicle  is  lawfully parked or stopped; (b) to any person,
  unless such sale occurs from the side of the vehicle  away  from  moving
  traffic  and as near as possible to the curb or shoulder of the roadway;
  and (c) to any person standing in the roadway.
    2. A violation of this section shall be punishable by a  fine  of  not
  more than fifty dollars.

S  1225-c.  Use of mobile telephones. 1. For purposes of this section,
the following terms shall mean:
    (a) "Mobile telephone" shall mean the device used by  subscribers  and
  other users of wireless telephone service to access such service.
    (b)  "Wireless  telephone  service" shall mean two-way real time voice
  telecommunications service that is interconnected to a  public  switched
  telephone  network and is provided by a commercial mobile radio service,
  as such term is defined by 47 C.F.R. S 20.3.
    (c)  "Using" shall mean (i) holding a mobile telephone to, or in the
  immediate proximity of, the user's ear;  and  (ii)  with  respect  to  a
  person  operating a commercial motor vehicle, holding a mobile telephone
  to, or in the immediate proximity of, the  user's  ear,  or  dialing  or
  answering  a  mobile telephone by pressing more than a single button, or
  reaching for a mobile telephone in a manner that requires such person to
  maneuver so that he or she is no longer in a  seated  driving  position,
  restrained  by  a seat belt that is installed in accordance with section
  393.93 of title 49 of the code of federal regulations  and  adjusted  in
  accordance with the vehicle manufacturer's instructions.
    (d)  "Hand-held  mobile  telephone" shall mean a mobile telephone with
  which a user engages in a call using at least one hand.
    (e) "Hands-free mobile telephone" shall mean a mobile telephone that
  has an internal feature  or  function,  or  that  is  equipped  with  an
  attachment  or  addition, whether or not permanently part of such mobile
  telephone, by which a user engages in a call without the use  of  either
  hand,  whether  or  not the use of either hand is necessary to activate,
  deactivate or initiate a function of such telephone. Provided,  however,
  that  for  purposes of this section, a mobile telephone used by a person
  operating a commercial motor vehicle shall not be deemed  a  "hands-free
  mobile  telephone"  when  such  person  dials  or  answers  such  mobile
  telephone by pressing more than a single button.
    (f) "Engage in a call" shall mean  talking  into  or  listening  on  a
  hand-held  mobile  telephone,  but  shall  not  include holding a mobile
  telephone to  activate,  deactivate  or  initiate  a  function  of  such
  telephone.
    (g)  "Immediate  proximity"  shall  mean  that distance as permits the
  operator of a mobile telephone to  hear  telecommunications  transmitted
  over  such mobile telephone, but shall not require physical contact with
  such operator's ear.
    (h) "Commercial motor vehicle" shall have the same meaning  as  such
  term   is   defined   by  subdivision  four-a  of  section  two  of  the
  transportation law.
    (i) "Motor carrier" shall have the same  meaning  as  such  term  is
  defined  by  subdivision  seventeen of section two of the transportation
  law.
    2. (a) Except as otherwise provided in this section, no person shall
  operate a motor vehicle upon a  public  highway  while  using  a  mobile
  telephone to engage in a call while such vehicle is in motion; provided,
  however,  that  no person shall operate a commercial motor vehicle while
  using a mobile telephone to  engage  in  a  call  on  a  public  highway
  including  while  temporarily  stationary  because of traffic, a traffic
  control device, or other momentary delays.  Provided  further,  however,
  that  a  person  shall  not be deemed to be operating a commercial motor
  vehicle while using a mobile telephone to engage in a call on  a  public
  highway  when  such  vehicle is stopped at the side of, or off, a public
  highway in a location where such vehicle  is  not  otherwise  prohibited
  from  stopping by law, rule, regulation or any lawful order or direction
  of a police officer.
    (b)  An operator of any motor vehicle who holds a mobile telephone to,
  or in the immediate proximity of, his or her ear while such  vehicle  is
  in  motion  is  presumed  to be engaging in a call within the meaning of
  this section; provided, however, that an operator of a commercial  motor
  vehicle  who  holds a mobile telephone to, or in the immediate proximity
  of, his or her ear while such vehicle is temporarily stationary  because
  of  traffic, a traffic control device, or other momentary delays is also
  presumed to be engaging in a call within the  meaning  of  this  section
  except  that a person operating a commercial motor vehicle while using a
  mobile telephone to engage in a call when such vehicle is stopped at the
  side of, or off, a public highway in a location where  such  vehicle  is
  not  otherwise  prohibited from stopping by law, rule, regulation or any
  lawful order or direction of a police officer shall not be  presumed  to
  be  engaging  in  a  call  within  the  meaning  of  this  section.  The
  presumption established by this subdivision is  rebuttable  by  evidence
  tending to show that the operator was not engaged in a call.
    (c)  The  provisions  of  this  section  shall  not  be  construed  as
  authorizing the seizure or forfeiture  of  a  mobile  telephone,  unless
  otherwise provided by law.
    (d)  No  motor  carrier  shall allow or require its drivers to use a
  hand-held mobile telephone while operating a commercial motor vehicle as
  provided in this section.
    3. Subdivision two of this section shall not apply to (a) the use of a
  mobile telephone for the sole purpose of communicating with any  of  the
  following  regarding  an  emergency  situation:  an  emergency  response
  operator; a hospital, physician's office or health clinic; an  ambulance
  company  or  corps;  a fire department, district or company; or a police
  department, (b) any of the following persons while in the performance of
  their official duties: a police officer or peace officer; a member of  a
  fire  department,  district or company; or the operator of an authorized
  emergency vehicle as defined in section one hundred one of this chapter,
  or (c) the use of a hands-free mobile telephone.
    4. A violation of subdivision two of this section shall be a traffic
  infraction  and  shall  be  punishable  by a fine of not less than fifty
  dollars nor more than two hundred dollars upon  conviction  of  a  first
  violation;  upon  conviction  of  a second violation, both of which were
  committed within a period of eighteen months, such  violation  shall  be
  punished  by  a  fine  of  not less than fifty dollars nor more than two
  hundred  fifty  dollars;  upon  conviction  of  a  third  or  subsequent
  violation,  all  of  which  were  committed  within a period of eighteen
  months, such violation shall be punished by a  fine  of  not  less  than
  fifty dollars nor more than four hundred fifty dollars.

S 1225-d. Use of portable electronic devices. 1. Except as otherwise
  provided in this section, no person shall operate a motor vehicle  while
  using  any  portable  electronic device while such vehicle is in motion;
  provided, however, that no  person  shall  operate  a  commercial  motor
  vehicle  while  using any portable electronic device on a public highway
  including while temporarily stationary because  of  traffic,  a  traffic
  control  device,  or other momentary delays.  Provided further, however,
  that a person shall not be deemed to be  operating  a  commercial  motor
  vehicle  while  using  a  portable electronic device on a public highway
  when such vehicle is stopped at the side of, or off, a public highway in
  a location where such vehicle is not otherwise prohibited from  stopping
  by  law,  rule,  regulation or any lawful order or direction of a police
  officer.
    1-a.  No  motor  carrier shall allow or require its drivers to use a
  portable electronic device while operating a commercial motor vehicle as
  provided in this section.
    2. For the purposes of this section, the following  terms  shall  have
  the following meanings:
    (a)  "Portable  electronic  device"  shall mean any hand-held mobile
  telephone,  as  defined  by  subdivision  one  of section twelve hundred
  twenty-five-c  of  this  article,  personal  digital  assistant   (PDA),
  handheld  device  with  mobile  data  access,  laptop  computer,  pager,
  broadband  personal  communication  device,  two-way  messaging  device,
  electronic  game,  or portable computing device, or any other electronic
  device when used to input,  write,  send,  receive,  or  read  text  for
  present or future communication.
    (b) "Using" shall mean holding a portable  electronic  device  while
  viewing,  taking  or  transmitting  images,  playing  games, or, for the
  purpose of present or future  communication:  performing  a  command  or
  request  to  access  a world wide web page, composing, sending, reading,
  viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
  text messages, instant messages, or other electronic data.
    (c) "Commercial motor vehicle" shall have the same meaning  as  such
  term   is   defined   by  subdivision  four-a  of  section  two  of  the
  transportation law.
    (d) "Motor carrier" shall have the same  meaning  as  such  term  is
  defined  by  subdivision  seventeen of section two of the transportation
  law.
    3. Subdivision one of this section shall not apply to (a) the use of a
  portable  electronic  device  for the sole purpose of communicating with
  any of the following regarding  an  emergency  situation:  an  emergency
  response operator; a hospital; a physician's office or health clinic; an
  ambulance company or corps; a fire department, district or company; or a
  police  department,  (b)  any  of  the  following  persons  while in the
  performance of their official duties: a police officer or peace officer;
  a member of a fire department, district or company; or the  operator  of
  an authorized emergency vehicle as defined in section one hundred one of
  this chapter.
    4. A person who holds a portable electronic device in a  conspicuous
  manner  while  operating a motor vehicle or while operating a commercial
  motor vehicle on a public highway including while temporarily stationary
  because of traffic, a traffic control device, or other momentary  delays
  but  not  including when such commercial motor vehicle is stopped at the
  side of, or off, a public highway in a location where  such  vehicle  is
  not  otherwise  prohibited from stopping by law, rule, regulation or any
  lawful order or direction of a police officer is presumed  to  be  using
  such  device,  except that a person operating a commercial motor vehicle
  while using a portable electronic device when such vehicle is stopped at
  the side of, or off, a public highway in a location where  such  vehicle
  is  not  otherwise  prohibited from stopping by law, rule, regulation or
  any lawful order or direction of a police officer shall not be  presumed
  to be using such device. The presumption established by this subdivision
  is  rebuttable  by  evidence  tending  to show that the operator was not
  using the device within the meaning of this section.
    5.  The  provisions  of  this  section  shall  not  be  construed   as
  authorizing  the  seizure or forfeiture of a portable electronic device,
  unless otherwise provided by law.
    6. A violation of this section shall be a traffic infraction and shall
  be punishable by a fine of not less than fifty dollars nor more than two
  hundred dollars upon conviction of a first violation; upon conviction of
  a second violation, both of which were  committed  within  a  period  of
  eighteen  months, such violation shall be punished by a fine of not less
  than fifty dollars  nor  more  than  two  hundred  fifty  dollars;  upon
  conviction  of  a  third  or  subsequent  violation,  all  of which were
  committed within a period of eighteen months, such  violation  shall  be
  punished  by  a  fine  of not less than fifty dollars nor more than four
  hundred fifty dollars.

S 1226. Control of steering mechanism. No person shall operate a motor
  vehicle without having at least one hand or, in the case of a physically
  handicapped  person,  at  least  one  prosthetic  device  or  aid on the
  steering mechanism at all times when the motor vehicle is in motion.

 S 1227. Consumption  or  possession of alcoholic beverages in certain
  motor  vehicles.  1.  The  drinking  of  alcoholic  beverages,  or   the
  possession  of  an open container containing an alcoholic beverage, in a
  motor vehicle located upon the public highways  or  right-of-way  public
  highway  is prohibited. Any operator or passenger violating this section
  shall be guilty of a traffic infraction.
    The provisions of this section shall not be  deemed  to  prohibit  the
  drinking  of  alcoholic beverages or the possession of an open container
  containing an alcoholic beverage by  passengers  in  passenger  vehicles
  operated pursuant to a certificate or permit issued by the department of
  transportation  or  the  United  States  department  of  transportation.
  Furthermore, the provisions of this  section  shall  not  be  deemed  to
  prohibit  the  possession  of  wine which is: (a) resealed in accordance
  with the provisions of subdivision four of  section  eighty-one  of  the
  alcoholic  beverage control law; and (b) is transported in the vehicle's
  trunk or is transported behind the last upright seat or in an  area  not
  normally  occupied by the driver or passenger in a motor vehicle that is
  not equipped with a trunk.
    2. For the purposes of this section, a passenger vehicle shall mean  a
  vehicle  designed  to  carry  ten  or  more passengers and used to carry
  passengers for profit or hire.

S 1228. Riding  in  house  coach  trailers.  No  person  shall drive a
  vehicle on a public highway while drawing a house coach trailer occupied
  by any person and no person shall occupy a house coach trailer while  it
  is being drawn upon a public highway.

 S 1229. Sign  required  on privately-owned vehicle used in delivery of
  mail. 1. Every person operating a privately-owned vehicle in  delivering
  the  United  States  mail  to  the addressee thereof shall affix to such
  vehicle a white sign, visible from the rear,  containing  the  following
  statement:
                                 U. S. MAIL

    Such  statement  shall  be  in black lettering at least four inches in
  height.
    2. Every person who violates the provisions of this section  shall  be
  punishable   by   a   fine  not  exceeding  twenty-five  dollars  or  by
  imprisonment for not more than  ten  days  or  by  both  such  fine  and
  imprisonment.

 S 1229-a. Pedestrians,  animals, and non-motorized vehicles prohibited
  on  state  expressway  highways  or  state  interstate  route   highways
  including  the  entrances thereto and exits therefrom. No person, unless
  otherwise directed by a police  officer  shall:  (a)  As  a  pedestrian,
  occupy  any  space  within  the  limits of a state expressway highway or
  state interstate route highway,  including  the  entrances  thereto  and
  exits  therefrom,  except:  in  a  rest  area,  parking  area, or scenic
  overlook; in the performance of public works or official  duties;  as  a
  result  of  an  emergency  caused by an accident or breakdown of a motor
  vehicle  or  to  obtain  assistance;  where  a  sidewalk,  footpath   or
  pedestrian  crossing of such a highway is provided; (b) Occupy any space
  of a  state  expressway  highway  or  state  interstate  route  highway,
  including   the   entrances   thereto  and  exits  therefrom,  with:  an
  animal-drawn vehicle; herded animals, a pushcart; a bicycle;  except  in
  the performance of public works or official duties, or on paths or parts
  of such highway provided for such uses.

 S  1229-b. Operation  of  school,  camp  and  charter  omnibuses with
  passengers standing prohibited. 1. When  the  number  of  passengers  is
  greater  than  the  number  of  seats available, it shall be unlawful to
  operate a camp or  charter  omnibus  upon  the  public  highways  for  a
  distance of ten miles or more with any passenger standing.
    2.  It  shall be unlawful to operate upon the public highways a school
  bus owned by or contracted to  a  school  district  with  any  passenger
  standing  whenever  it is employed exclusively for the transportation of
  students under the age of  twenty-one  and  teachers  or  other  persons
  acting in a supervisory capacity to or from school or school activities,
  except as provided in paragraph (a) or (b) of this subdivision:
    (a)  Standing  passengers  may  be  permitted  on  such  a school bus,
  provided that the number of standing passengers on a  school  bus  shall
  not  exceed  the  limit  established  in  the following schedule for the
  applicable time period:
       Period:                              Not more than:
  Through June 30, 2001                 20% of approved seating capacity
  Between July 1, 2001 and              15% of approved seating capacity
   June 30, 2002
  Between July 1, 2002 and              10% of approved seating capacity
   June 30, 2003
  Between July 1, 2003 and              5% of approved seating capacity
   June 30, 2004
    (b) Notwithstanding  any  other  provision  of  this  section  to  the
  contrary,  standing passengers may be permitted without limitation as to
  number during the first ten days of session in each school year, and  in
  circumstances   where   a   breakdown,  accident,  or  other  unforeseen
  occurrence necessitates the transportation of standing passengers.
    (c) Nothing contained in this section shall be construed  to  restrict
  the  power  of  a city with a population of one million or more to adopt
  and enforce local laws that comply with at least the minimum  applicable
  standards set forth in this section.

S  1229-c.  Operation  of vehicles with safety seats and safety belts. 1.
  No  person  shall  operate a motor vehicle in this state unless: (a) all
  back seat  passengers  of  such  vehicle  under  the  age  of  four  are
  restrained  in  a  specially designed seat which meets the Federal Motor
  Vehicle Safety Standards set forth in 49 C.F.R.  571.213  and  which  is
  either  permanently  affixed  or  is affixed to such vehicle by a safety
  belt, or in the event that the weight of such passenger under the age of
  four exceeds forty pounds, such passenger may be restrained  (i)  in  an
  appropriate  child  restraint  system  as defined in subdivision four of
  this section used with combination lap safety and shoulder harness belts
  or (ii) by a lap safety belt in the event such vehicle is  not  equipped
  with  combination  lap  safety  and  shoulder  harness  belts or all the
  combination lap safety and shoulder harness  belts  are  being  used  to
  properly restrain other passengers who are under the age of sixteen; (b)
  all  back  seat passengers of such vehicle who are age four or older but
  under age eight (i) are restrained in  an  appropriate  child  restraint
  system  as  defined  in  subdivision  four  of  this  section  used with
  combination lap and shoulder harness belts or (ii) are restrained  in  a
  lap  safety  belt  in  the  event  such  vehicle  is  not  equipped with
  combination lap safety and shoulder harness belts or all the combination
  lap safety and  shoulder  harness  belts  are  being  used  to  properly
  restrain  other  passengers  who are under the age of sixteen; or (c) in
  the case of any other back seat passenger under the age of  sixteen,  he
  or she is restrained by a safety belt approved by the commissioner.
    2.  No  person  shall  operate  a  motor vehicle unless all front seat
  passengers (a) under the age of sixteen are restrained by a safety belt;
  or (b) if they are under the age of four, by a specially  designed  seat
  which  is  either  permanently  affixed  or affixed to such vehicle by a
  safety belt as required by subdivision one of this section,  or  in  the
  event  that  the  weight of such passenger under the age of four exceeds
  forty pounds, such passenger may be restrained  (i)  in  an  appropriate
  child  restraint  system  as defined in subdivision four of this section
  used with combination lap safety and shoulder harness belts or (ii) by a
  lap safety  belt  in  the  event  such  vehicle  is  not  equipped  with
  combination lap safety and shoulder harness belts or all the combination
  lap  safety  and  shoulder  harness  belts  are  being  used to properly
  restrain other passengers who are under the age of sixteen;  or  (c)  if
  they are age four or older but under age eight, (i) are restrained in an
  appropriate  child  restraint  system  as defined in subdivision four of
  this section used with combination lap safety and shoulder harness belts
  or (ii) are restrained in a lap safety belt in the event such vehicle is
  not equipped with combination lap safety and shoulder harness  belts  or
  all the combination lap safety and shoulder harness belts are being used
  to properly restrain other passengers who are under the age of sixteen.
    3.  No  person  shall  operate  a  motor vehicle unless such person is
  restrained by a safety belt approved  by  the  commissioner.  No  person
  sixteen years of age or over shall be a passenger in the front seat of a
  motor vehicle unless such person is restrained by a safety belt approved
  by the commissioner.
    * 3-a.  Except  as  otherwise provided for passengers under the age of
  four, it shall be a violation of this section if a person is seated in a
  seating position equipped with both a lap safety  belt  and  a  shoulder
  harness  belt  and such person is not restrained by both such lap safety
  belt and shoulder harness belt.
    * NB There are 2 sub 3-a's
    * 3-a. No person holding a class  DJ  learner's  permit  or  class  DJ
  license  issued  pursuant  to  section five hundred two of this chapter,
  shall operate a motor vehicle  in  this  state  unless  such  person  is
  restrained  by  a  safety  belt  approved  by  the commissioner, and all
  passengers under the age of four are restrained in a specially  designed
  seat which meets the federal motor vehicle safety standards set forth in
  49 C.F.R.  571.213 and which is either permanently affixed or is affixed
  to such vehicle by a safety belt and, in the case of any other passenger
  under  the  age  of  sixteen,  he  or she is restrained by a safety belt
  approved by the commissioner. No person sixteen years  of  age  or  over
  shall  be  a passenger in a motor vehicle operated by a person holding a
  class DJ learner's permit, a class DJ license  or  a  limited  class  DJ
  license unless such passenger is restrained by a safety belt approved by
  the commissioner.
    * NB There are 2 sub 3-a's
    4.  For  the  purposes of this section, the following terms shall have
  the following meanings: (a) "motor  vehicle"  shall  include  all  motor
  vehicles  which  are  required  by section three hundred eighty-three of
  this chapter or regulation or would be required if  such  motor  vehicle
  were  registered  in  New York state to be equipped by a safety belt but
  shall not include those vehicles which are used as school buses, as such
  term is defined in section one hundred forty-two  of  this  chapter  and
  those  vehicles which are authorized emergency vehicles, as such term is
  defined in section one hundred one of this chapter;
    (b)  "child  restraint  system"  shall  mean  any  device,   used   in
  conjunction  with  safety  belts, designed for use in a motor vehicle to
  restrain, seat, or position children  and  which  meets  the  applicable
  Federal  Motor  Vehicle Safety Standards set forth in 49 C.F.R. 571.213;
  and
    (c) "appropriate child restraint system" shall mean a child  restraint
  system  for  which  the  occupant  meets  the  occupant  size and weight
  recommendations of the manufacturer of such system.
    5. Any person who violates the provisions of subdivision three of this
  section shall be punished by a civil fine of up to  fifty  dollars.  Any
  person  who  violates  the provisions of subdivision one, two, eleven or
  thirteen of this section shall be punished by a civil fine of  not  less
  than  twenty-five  nor more than one hundred dollars. In any prosecution
  or proceeding alleging a violation of paragraph (b) of  subdivision  one
  or  paragraph  (c)  of  subdivision  two of this section, it shall be an
  affirmative defense that the passenger subject to  the  requirements  of
  such  paragraphs  was restrained by a safety belt and measures more than
  four feet nine inches in height and/or  weighs  more  than  one  hundred
  pounds.
    6.  The court shall waive any fine for which a person who violates the
  provisions of this section would be liable with  respect  to  passengers
  under  the  age  of  eight  if such person supplies the court with proof
  that, between the date on which he is charged with having violated  this
  section  and  the  appearance  date  for such violation, he purchased or
  rented  a  child  restraint  system  which  meets  the  requirements  of
  subdivision  one of this section. Provided, however, that such waiver of
  fine shall not apply to a second or  subsequent  conviction  under  this
  section.
    7.  The  provisions  of this section shall not apply to a passenger or
  operator with a physically disabling condition whose physical disability
  would prevent appropriate restraint in such safety seat or  safety  belt
  provided,  however,  such condition is duly certified by a physician who
  shall state the nature of the handicap,  as  well  as  the  reason  such
  restraint is inappropriate.
    8.  Non-compliance  with  the  provisions of this section shall not be
  admissible as evidence in any civil action in a court of law  in  regard
  to  the  issue  of  liability  but  may  be  introduced into evidence in
  mitigation of damages provided the party introducing said  evidence  has
  pleaded such non-compliance as an affirmative defense.
    9.  Notwithstanding  the  provisions of subdivision four, this section
  shall not apply to taxis, liveries, and buses other than school buses.
    10. The provisions of this section shall not apply to persons employed
  as rural letter  carriers,  as  defined  by  the  United  States  postal
  service,   while  such  persons  are  discharging  the  duties  of  such
  employment.
    11.  Notwithstanding  the  provisions  of  subdivision  four  of  this
  section,  no  person  shall  operate  a school bus unless all passengers
  under the age of four are restrained in a specially designed  detachable
  or  removable  seat  as  required by subdivision one of this section, or
  another restraining device approved by the commissioner.
    12. (a) Every rental vehicle company, as defined in paragraph  (c)  of
  subdivision  one  of  section  three hundred ninety-six-z of the general
  business law, shall post a sign in their place of business which  states
  in conspicuous lettering of at least seventy-two point boldface type:
    NEW  YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT TO BE
  RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.
    (b) Such sign shall  be  placed  in  an  upright  position  and  in  a
  conspicuous  place  where  it can easily be read by the clientele of the
  rental vehicle company.
    (c) Any rental vehicle company which violates the provisions  of  this
  subdivision  shall  be  subject  to  a  civil penalty, not to exceed one
  hundred dollars for each day of violation.
    13.  Notwithstanding  the  provisions  of  subdivision  four  of  this
  section,  no  person  shall  operate a school bus for which there are no
  applicable federal school bus safety standards unless all occupants  are
  restrained  by  a safety belt approved by the commissioner or, regarding
  occupants age four or older but under age seven, are restrained pursuant
  to subdivision one or two of this section.

 S 1229-d. School  bus attendant. (1) "School bus attendant" shall mean
  a person employed or authorized by a school district to ride on a school
  bus as defined in paragraph (a)  of  subdivision  one  of  section  five
  hundred  nine-a  of this chapter for the purpose of maintaining order or
  rendering assistance to pupils with special needs.
    (2) Screening of applicants for position of school bus attendant (a) a
  school district, pursuant to a policy statement or resolution adopted by
  such district, may review the qualifications of every applicant for  the
  position  of  school  bus attendant on school buses operated by or under
  contract to the district and determine at  its  discretion  whether  the
  applicant  is  suitable for qualification. In such cases, applicants may
  be made the subject of a criminal history check.  Upon  receipt  of  the
  fingerprints  forwarded to them by such school district, the division of
  criminal justice services shall forward  to  such  school  district  the
  criminal  history  review. A fee not to exceed the cost for the criminal
  history review shall be charged by  the  division  of  criminal  justice
  services.  Such fingerprints also may be submitted to the federal bureau
  of investigation for a national criminal history record check.
    (b) In determining the qualifications  of  school  bus  attendants,  a
  school  district  may  use  the  criteria  listed  in subdivision two of
  section five hundred  nine-cc  of  this  chapter  relative  to  criminal
  convictions.
    (c)  All  inquiries made, and the use of any criminal record obtained,
  pursuant to this section shall be in accordance with section two hundred
  ninety-six  of  the  executive   law.   In   addition,   the   secondary
  dissemination  of  such information shall be limited to other authorized
  agencies, by express agreement  between  the  school  district  and  the
  division  of  criminal  justice  services,  or as authorized pursuant to
  federal law, and rules and regulations. No cause of action  against  the
  school  district  or  division  of criminal justice services for damages
  related to the dissemination of criminal  history  records  pursuant  to
  this  section  shall  exist  when  the  school  district  or division of
  criminal justice services has reasonably and in good faith  relied  upon
  the  accuracy and completeness of criminal history information furnished
  to it by qualified agencies.
    (3)  The  commissioner  of  education  shall  promulgate   rules   and
  regulations  requiring  that  every  school bus attendant serving pupils
  with a disabling  condition  receive  school  bus  safety  training  and
  instruction  relating to the special needs of such pupils. Such training
  shall include guidance on the proper techniques for  assisting  disabled
  students  in  entering  and  exiting  the  school bus, and shall include
  instruction in  cardiopulmonary  resuscitation  where  such  skills  are
  required  as  part of the individualized education plan prepared for the
  student, as well as any additional first aid or health emergency  skills
  that  the  commissioner of education deems appropriate and necessary for
  school  bus  attendants  to  possess.  In  addition,  such  school   bus
  attendants shall demonstrate the ability to perform procedures necessary
  in  emergency  situations  as  deemed appropriate by the commissioner of
  education. Any person employed as a school bus attendant serving  pupils
  with  a  disabling  condition  on January first, two thousand four shall
  comply with the requirements of this  subdivision  by  July  first,  two
  thousand  four.  Any person hired after January first, two thousand four
  shall complete training, instruction and testing prior to assuming their
  duties as a  school  bus  attendant  serving  pupils  with  a  disabling
  condition.
    (4)  The  commissioner  of education, in consultation with the justice
  center for the protection of people with special needs, shall promulgate
  rules and regulations requiring that every school bus attendant  serving
  a student or students with a disability receive training and instruction
  relating  to  the understanding of and attention to the special needs of
  such students. Such training and instruction may be  included  with  the
  training  and instruction required pursuant to subdivision three of this
  section and shall be provided at least once per year or more  frequently
  as  determined by the commissioner of education in consultation with the
  state comprehensive school bus driver safety training council.  For  the
  purposes of this subdivision, the term "student with a disability" shall
  have  the  same  meaning  as  such term is defined in subdivision one of
  section forty-four hundred one of the education law. Any person employed
  as a  school  bus  attendant  serving  a  student  or  students  with  a
  disability  on  January  first,  two thousand nine shall comply with the
  requirements of this subdivision by July first, two thousand  nine.  Any
  person  hired after January first, two thousand nine shall complete such
  training, instruction and testing prior to assuming his or her duties as
  a school bus attendant serving a student or students with a disability.

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