Article 33 Miscellaneous rules Section 1229-c. Operation of vehicles with safety seats and safety belts.
§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 seven, (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, or a limited class DJ or MJ license issued pursuant to section five hundred three-a 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 seven 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

§ 301. Periodic inspection of all motor vehicles.

(a) The commissioner shall require that every motor vehicle registered in this state be inspected once each year for safety, and at least biennially for emissions as provided for pursuant to paragraph two of subdivision (d) of this section, and in accordance with the provisions of this article, and that every motor vehicle sold or transferred for use on the public highways of this state by a dealer registered under section four hundred fifteen of this chapter to any person other than another such registered dealer or transferred for no remuneration by such a registered dealer to any person other than to a welfare to work program authorized by the New York state department of labor, a private industry council, a county or a social services district for the sole use of public assistance recipients or applicants participating in the welfare to work program to which such vehicle is transferred must be inspected and bear a valid certificate or certificates of inspection prior to delivery to the purchaser or transferee. Provided, however, that nothing contained herein shall be deemed to exempt any motor vehicle so transferred to a welfare to work program pursuant to the provisions of this subdivision from being inspected in accordance with the provisions of this section or from complying with all other applicable provisions of this chapter, including registration and financial security, prior to operation on any public highway.

(b) The commissioner shall also require the inspection of any motor vehicle duly registered under the laws of another state, a province of Canada, a territory or a federal district to the extent to which such state, province, territory or federal district requires the inspection of motor vehicles duly registered under the laws of this state.

(c) (1) (a) A safety inspection shall be made with respect to the brakes; steering mechanism; wheel alignment; lights, including but not limited to the lights which are designed and placed on a vehicle for the purpose of illuminating the vehicle’s license plates; odometer; tire pressure; seat safety belts; shoulder harness safety belts and such other mechanisms and equipment as shall be determined by the commissioner to be necessary for proper and safe operations. Such inspection shall also be made with respect to vehicle identification number. Upon inspection, the mileage appearing on the odometer shall be recorded upon the inspection sticker.

(b) In the case of any passenger car manufactured on or after September first, nineteen hundred ninety-seven, during the course of the vehicle safety inspection, the readiness of the inflatable restraint system, by means of the readiness indicator, shall be noted on the invoice supplied to the consumer. The system’s lack of readiness shall not be considered grounds for the vehicle to fail the safety inspection provided for in subparagraph (a) of this paragraph.

(2) Such inspection may also include a visual inspection prescribed by the commissioner to determine the presence and correct installation of any air contaminant emission systems or devices which are required by state or federal law or any rules or regulations pursuant thereto; provided that for any vehicle not subject to an emission inspection pursuant to subdivision (d) of this section, such visual inspection shall be performed. (3) Improper tire pressure shall not be reason for failure of the inspection.

(d) (1) The commissioner, in consultation with the commissioner of environmental conservation, shall implement a program of motor vehicle emissions inspections with respect to any motor vehicles or class of motor vehicles which are required by federal law or any rules or regulations issued pursuant thereto or by any state law or any rules or regulations issued pursuant thereto, including rules and regulations issued by the department of environmental conservation, to meet standards applicable to the emission of any kind of substance by such vehicles or engines or to contain any equipment, systems or design features to reduce such emission. The commissioner shall establish regulations for such inspections. Such regulations shall include provision for cooperating with the commissioner of environmental conservation to notify owners of vehicles that have failed emission inspections of the availability of mobile source emission reduction credit trading programs pursuant to section 19-0301 of the environmental conservation law.

(2) Such inspection shall be performed biennially; provided however that the commissioner may require emission inspections more frequently than biennially if the commissioner of environmental conservation, in consultation with the commissioner, makes a determination that more frequent emission inspections are necessary to comply with federal requirements or a court order; and provided that an emission inspection program in operation prior to nineteen hundred ninety-three shall continue to require emission inspections at least annually until January first, nineteen hundred ninety-six.

(3) Such inspection shall be performed at a facility that only performs inspections if the commissioner of environmental conservation, in consultation with the commissioner, makes a determination that such restriction is necessary to meet federal requirements. In no event shall any facility operating pursuant to a contract with the commissioner, entered into pursuant to subdivision (a) of section three hundred three of this chapter, be allowed to perform repairs; provided however, that such a facility shall be allowed to perform repairs at no charge that are incidental to the inspection process.

(4) The commissioner shall establish an emission system repair training program, for purposes of enhancing the quality and reliability of emission system repair services available from official repair stations in all areas where emission inspections are required under this section.

(e) The requirements of air contamination emission system inspection shall not apply to historical motor vehicles registered pursuant to schedule G of subdivision seven of section four hundred one of this chapter unless required by federal law.

(f) The department is authorized, in consultation with the departments of environmental conservation and transportation, to adopt rules and regulations necessary to implement a heavy duty vehicle inspection program pursuant to section 19-0320 of the environmental conservation law and implement such program by June first, nineteen hundred ninety-nine

Article 33 Miscellaneous Rules Section 1225-c. Use of mobile telephones. Section 1225-d. Use of portable electronic devices.

§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 holding a mobile telephone to, or in the immediate proximity of, the user’s ear. (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. (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.

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. (b) An operator of a 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. 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.

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 up to one hundred dollars.

§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.

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.

(b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.

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 is 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 more than one hundred fifty dollars

Section 375 (12-a) of the NYS Vehicle and Traffic Law does not allow a windshield or front side windows that are dark. The windshield and front side windows cannot block more than 30% of the light. Seventy percent or more of the light from the outside must pass through the window. This law also applies to the rear window unless the vehicle has outside rear-view mirrors on both sides. The mirrors must give the driver a full and clear view behind the vehicle.

If the vehicle is classified as a station wagon, sedan, hardtop, coupe, hatchback or convertible, the rear side windows must also allow at least seventy percent of light from the outside to pass through the window.

It is illegal to sell, offer for sale, or install glass that does not comply with this law. It is illegal to operate a vehicle with glass that does not comply with this law.

If you have a medical condition that requires you to have tinted vehicle windows, you can request an exemption from the law