New York State's Occupant Restraint Law

New York is a "primary enforcement" state. A law enforcement officer can issue a traffic ticket just for failure to wear a seat belt. A ticket can be issued to the driver who fails to make sure a child passenger is properly secured in a safety seat or with a seat belt. This law also applies to visitors from outside New York State.

• Effective November 1, 2020, every occupant, regardless of age or seating position, of a motor vehicle being operated by the holder of a Class-DJ Learner Permit, a Limited Class-DJ, or Class-DJ Driver License must be restrained by a seat belt or child safety restraint system, one per person.
• The child restraint system must comply with the child height and weight recommendations determined by the manufacturer. Depending on the size of the child, the restraint system may be a safety seat or a booster seat used in combination with a lap and shoulder belt.
• The driver must make sure that each passenger regardless of age obeys the law. The driver can be fined and receive driver license penalty points for each violation.
• If a driver is transporting a passenger under the age of 16, and they are not accompanied by a parent or guardian and do not buckle their seatbelt, the driver could receive a ticket.
• Seat belt use is not required in emergency vehicles, 1964 or older vehicles, or by passengers in buses other than school buses (seat belt use may be required by the school district). Rural letter Carriers are also exempt while they are delivering mail.
• The driver and each passenger regardless of age or seating position must wear a seat belt in taxi and livery vehicles.

Tip: Keep your seat belt tight but comfortable.

Every child in the vehicle regardless of age must use a safety restraint. If under age four, the child must be properly secured in a federally-approved child safety seat that is attached to a vehicle by a safety belt or universal child restraint anchorage (LATCH) system. A child under age four who weighs more than 40 pounds may be restrained in a booster seat with a lap and shoulder belt. A child of age 4, 5, 6 or 7, must use a booster seat with lap and shoulder belt or a child safety seat (The child and safety restraint system must meet the height and weight recommendations of the restraint manufacturer.)

Exception: A child more than four feet nine inches tall or more than 100 pounds is allowed to use a seat belt that has both a lap belt and a shoulder harness. To use the seat belt, the child must be able to sit straight up against the vehicle's seat back with both knees bent comfortably over the edge of the seat. The lap belt should be placed low and tight across the upper thighs; the shoulder belt should rest tightly but comfortably across the child's chest and shoulder (collar bone) without touching the throat. If the seat belt does not fit properly, the child should use a booster seat with a lap and shoulder belt.

A booster seat can be used only with a lap and shoulder belt together. If all the combination lap and shoulder belt positions in the vehicle are already occupied by children using child safety seats or booster seats, a child who ordinarily would use a booster seat should be restrained using only the lap belt.

An appropriate child safety restraint system:

• Is required for all children until their 8th birthday and,
• Must meet the size and weight requirements for the child based on the Federal requirements and the recommendations of the manufacturer, and
• Can be a child safety seat, a harness, a vest or a booster seat attached with the vehicle seat belt or latch system, but not the vehicle seat belt alone, and
• Should not be used in the front seat of the vehicle.

If the child is eight years old and is under 4'9" tall or weighs less than 100 lbs, it is recommended that you continue to use a child restraint system.

New York State law requires that large school buses manufactured after July 1, 1987, be equipped with seat belts, and that schools make them accessible to each vehicle occupant. Every school bus driver is required to wear a seat belt, and children under the age of four must ride in properly installed, federally-certified child safety seats. Each school district sets its own policy for seat belt use by the other passengers.

Seat Belts in School Vehicles

In a school vehicle which is not built to meet federal school bus construction standards, New York State Law requires that all children must ride in a properly installed, federally-certified child safety seat or booster until their 8th birthday. Vehicles of these types include school cars, vans, suburbans and SUVs.

Effective April 21, 2025, New York State law requires all charter bus passengers 8 years of age and older to wear the seat belts provided on the bus.

The law defines a charter bus as a bus manufactured or assembled on or after November 28, 2016 for transporting a group of passengers to a specific destination or for a particular itinerary in exchange for compensation.  

Violations

Anyone who does not wear a seat belt on a charter bus may be punished by a fine of up to $50.

If a person aged 8 to 15 years does not wear a seat belt on a charter bus, police may issue a summons for a violation to the parent/guardian if the violation occurred in the parent or guardian's presence and the parent/guardian is at least 18 years old. Tickets may be dismissed if the charter bus lacked seat belts or if the seat belts were not visible, accessible or in good working order.

A seat belt absorbs the force of impact in a traffic crash and reduces your risk of being killed or injured. It holds you securely to help prevent you from striking hard objects inside the vehicle while being tossed around. You are less likely to be thrown (ejected) through the vehicle's windshield or doors - and vehicle ejection usually results in death.

Your seat belt offers the most protection when you sit upright. Most seat belts easily adjust to allow some comfort and free movement until you need it for protection. To properly wear your seat belt, the lap belt portion should be tight but comfortable across your upper thighs at your hip joints and the shoulder belt should rest snugly across your chest and shoulder, away from your face or neck. Never place the shoulder belt behind your back or under your arm. Improper use of a seat belt or shoulder belt can cause internal injuries in a crash.

If you are pregnant, your seat belt can help protect yourself and the baby you are expecting. Make sure the lap belt is low on your hips, under your abdomen, and the shoulder belt is resting closely and comfortably across your chest and shoulder.

Tip: During wintry conditions, you may have to loosen a heavy coat or lift it out of the way so it does not interfere with the proper adjustment of the seat belt.

For almost every medical problem or physical situation, wearing a seat belt increases your protection against death or serious injury. However, if a physical condition inhibits the proper use of a seat belt, you may be exempt from the seat belt law if your doctor certifies your condition and exemption in writing. Certification must be on the physician's letterhead and carried with you when you travel.

An airbag provides extra protection against crash injuries. It works with seat belts, and does not replace them. An airbag helps protect a front-seat occupant in a head-on or side crash by inflating upon impact. This rapid inflation cushions the occupant from collision with the steering wheel, dashboard, windshield, side windows, or metal door frame.

Airbags deploy (expand rapidly) from the steering wheel and/or dashboard, and, in some vehicles, from the side doors beneath or above the window. The force of an airbag deploying may injure those who sit too close to it. Make sure to sit with at least 10 inches between the center of your breastbone and the airbag cover. If you are the vehicle's driver, place your hands on the steering wheel at the 3 and 9 o'clock positions to keep them out of the way of airbag deployment. For maximum protection, children under the age of 12 should sit in the rear seat of the vehicle.

Tip: Never put an infant in a rear-facing child safety seat in the front seat of a vehicle that has an airbag on or in the dashboard.

New York State Department of Motor Vehicles
Mark J. F. Schroeder, Commissioner
 

More information on occupant protection may be found on trafficsafety.ny.gov

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