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All of the seat belt laws in New York are neatly spelled out and organized in the New York Vehicle and Traffic Law (VTL). Of course, we’re willing to bet that the VTL is longer than any book you’ve ever read!
To make things easier on you, we’ve gone through and analyzed New York’s seat belt laws and boiled them down to the most important bits.
New York Seat Belt Laws
The Vehicle and Traffic Law covers over a thousand different ways to get a traffic or parking ticket in the state of New York. Each year, government agencies issue around 4 million traffic tickets and more than 11 million parking tickets. The overwhelming majority of those are in New York City.
The law breaks down drivers and passengers into two distinct categories: people under 16 years old and people over 16 years old. Each of these categories has different rules and regulations that apply to it.
Under 16 Years Old
All people under the age of 16 have to be in proper seat belts or harnesses at all times while inside of a moving vehicle. Failure to comply with these laws can result in police officers issuing a ticket with hefty fines, fees, and other penalties.
Within the category of “under 16 years old,” there are three additional subcategories. The first of those subcategories is backseat passengers under the age of four. Children younger than four years old must be fastened safely within either a car seat or other legally approved safety harness. The VTL code for this violation is §1229-C.1(a).
The second subcategory is people between the ages of four and seven years old. These people are also required to be safely secured within a safety harness designed and approved for their age group. The VTL code for this violation is §1229-C.1(b).
The third subcategory is people between the ages of 8 and 15. This is the first subcategory to require the use of a standard seat belt. In accordance with Health Department recommendations, the state of New York requires that all people eight years and older wear seat belts. The VTL code for this violation is §1229-C.1(c).
Over 16 Years Old
As mentioned above, all people over the age of 7 are required to wear standard seat belts when inside of a moving vehicle. Anybody aged 16 and above is considered an adult when it comes to the use of seat belts. The VTL charge code for this violation is §1229-C.3. This is the most common seat belt violation by a wide margin.
This law has changed significantly over the years. As of November 1, 2020, lawmakers have removed one of the most notable exceptions. Between 1984 and November of 2020, only passengers aged 16 and up riding in the front seat of a moving vehicle were required to wear seat belts. In other words, it was legal to not wear a seat belt in the back seat.
Today, however, the law requires that all passengers aged 16 and up wear seat belts regardless of where they are seated in the vehicle. Front seat, back seat, the law no longer makes a functional distinction between the two. If you are over the age of 15, you are legally required to wear a seat belt while the vehicle is in motion, even if you are seated in the back seat.
Are There Any Exceptions to New York’s Seat Belt Laws?
There are only four exceptions to New York’s seat belt laws:
- Emergency vehicles.
Neither passengers riding in emergency vehicles nor the drivers thereof are required to wear seat belts at any time. However, ambulance staff are still required to safely secure any patients who may be riding in the back cabin of the vehicle.
- Vehicles built before or during 1964.
Before 1968, automobile manufacturers were not required to build seat belts into their vehicles. Before 1964, very few manufacturers even considered it. Since many vehicles manufactured during or before 1964 were not made with seat belts and/or cannot be safely retrofitted to include them, the law allows for drivers and passengers of such vehicles to do without seat belts.
- Passengers in school busses.
Although the law may not require passengers in school busses to wear seat belts, the school district still can and many do.
- Rural letter carriers (mail people).
This law applies exclusively to people who are delivering first class mail on behalf of the United States Post Office.
Seat Belt and Restraint Violations
If a judge convicts you of a seat belt violation, you will be facing a long list of penalties including fines, surcharges, and points. There are also additional fees, insurance increases, potential suspension or revocation of your license, and more. Here are the three most common penalties for seat belt violations.
Fines
The standard fine for a seat belt violation is $100. This is the amount due to the Traffic Violations Bureau (TVB) or the Department of Motor Vehicles (DMV), depending on where the violation occurred.
Surcharges
Surcharges are costs added to the final total of your ticket price after conviction. Since these costs don’t appear on your ticket until after you’ve been convicted, they’re often called hidden costs. Depending on where the violation took place, you could be facing either $88 or $93 in surcharges.
Points
If you are ticketed as a passenger or as the driver, you will not receive any points on your license. However, if you get a ticket for having somebody under the age of 16 in your vehicle not wearing a seatbelt, you will receive up to three points on your license.
Can You Wear Your Seat Belt Under Your Arm in New York?
No. Seat belts must be worn properly at all times in order to avoid getting a ticket. That means to wear the strap across your waist and diagonally from your hip to your shoulder. Wearing the seat belt in any other way can result in you getting a traffic ticket.
Failure to properly wear a seat belt can also result in you being found partially negligent and at-fault in any personal injury cases that you may bring to court.
Who Is Legally Responsible for Wearing Seat Belts?
The driver is legally responsible for making sure that they and everybody in the vehicle under the age of 16 are wearing seat belts or harnesses that are properly fastened. A passenger aged 16 or older is responsible only for their own seat belt.
Will My Insurance Go Up as a Result of a Seat Belt Ticket Conviction?
If you receive a seat belt ticket conviction as a passenger, you will most likely not see your insurance rates increase. However, if you are the driver in a case involving a seat belt ticket, then you will quite likely face increased insurance rates. According to The Zebra 2019 State of Auto Insurance Report, that increase will be around 4%.
This insurance increase can last up to four years. So, if you’re paying the average insurance rate in New York ($1688), you will have to pay another $67.52 each year for up to four years. That amounts to a total of $270.80 extra that you’ll have to pay.
The reason this increase lasts so long is because that’s how long insurance companies are able to view your driving record. The DMV only allows insurance companies and investigators to see the last four years of your driving history. This is called a driving record abstract.
What Age Can a Child Sit in the Front Seat in New York?
In accordance with recommendations from the Department of Health, New York state legislators have mandated an age requirement of eight years to be able to sit in the front seat of a moving vehicle. Nobody is allowed to sit in the front seat of a moving vehicle in the state without being at least eight years old.
If somebody is less than eight years old, they will have to sit in the back seat. At younger ages, wearing a seat belt can be actively harmful to the child. Be sure to consult local law enforcement and healthcare professionals before making a decision on what kind of harness to get for your child.
How to Fight a Seat Belt Violation Ticket in New York
If you’ve gotten a seat belt ticket in New York, you have options. The WinIt app was designed to bring affordable legal access to people just like you. With a tap of the screen, you can select expert legal assistance from traffic ticket attorneys with years of experience.
WinIt helps to connect you with attorneys who specialize in handling cases in your area. So what are you waiting for? Download the app and get started fighting your tickets today!
