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Seat Belts And Child Seats

Veh. & Traf. Law § 1229-c — the driver and every passenger sixteen or older belted, and children by age

Sixteen and older, every seat. The driver wears a safety belt, and so does every passenger sixteen or older, in the front or the back. A violation is a civil fine of up to $50.

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The driver is responsible for the children in the vehicle:

  • Under four: a specially designed child seat meeting the federal standard, facing the rear while the child is under two unless the child has outgrown the seat maker's rear facing limits. A child over forty pounds may use an appropriate child restraint with a lap and shoulder belt.
  • Four through seven, in the back seat: an appropriate child restraint system used with a lap and shoulder belt, or a lap belt where the vehicle has none or the shoulder belts are all in use by other children.
  • Any other child under sixteen: a safety belt.

A violation of the child rules is a civil fine of twenty-five to one hundred dollars. It is a defense that a child the booster rule covers was belted and is taller than four feet nine inches or heavier than one hundred pounds, and a first fine for a passenger under eight is waived on proof that a child restraint was bought or rented before the court date.

Not wearing a belt is not admissible to prove fault in a civil case, though it may be raised to reduce damages when pleaded as a defense. A physically disabling condition certified by a physician or nurse practitioner is an exception.

Sources for this section (1)
  1. Veh. & Traf. Law § 1229-c — Operation of vehicles with safety seats and safety belts

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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