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Back seat child under age 2 must be rear-facing

Effective Nov. 1, revisions to Section 1229-c of New York State Vehicle and Traffic Law is revised to include an additional requirement regarding child safety restraint in motor vehicles.

The amendment requires that all back-seat passengers under the age of 2 be restrained in a rear-facing, specially designed seat that meets the Federal Motor Vehicle Standards set forth in 49 C.F.R. 573.213. Prior to Nov. 1, children under age 2 could be restrained in a forward-facing child restraint seat.

The rear-facing seat must be either permanently affixed to the vehicle or affixed by a safety belt. However, the seat may be forward-facing if the weight or the height of a child under age 2 exceeds the manufacturer’s recommendations for the seat’s occupant size and weight.

As a reminder to everyone, NYS VTL requires all rear-seat passengers under age 16 to be restrained. However, in some states, including neighboring Vermont and Massachusetts, and in all of Canada, ALL persons must be belted. This just makes sense. It is fact that unbelted persons are far more likely to be injured or killed in a traffic crash than those who are properly restrained. So why is there any reluctance at all for anyone to not buckle up? This just defies logic. Anyone riding in a vehicle who is not properly restrained is not only a danger to themselves but to all others in the vehicle. In a serious crash, unbelted persons are likely to be thrown around in the vehicle, likely injuring those that are properly belted.

In our area, drivers and passengers in pickup trucks, as a class of vehicle, are the most likely to not use seatbelts. Overall, compliance with VTL for seatbelt use in New York state is at or above 90% — let’s make it 100%.

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