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During the 2004 Legislative Session, 832 bills were referred to the Assembly Standing Committee on Transportation. A number ultimately were signed into law, including legislation requiring drivers to slow down when passing stopped emergency vehicles, authorizing two new residential parking permit systems, mandating the use of helmets by young skateboarders, extending motor vehicle franchise protections to snowmobile and all terrain vehicle (ATV) sellers, and directing the use of booster seats by young children.
Very few child safety seats are actually rated for over forty pounds. Booster seats fill that void, allowing for the safe transportation of such children. Unfortunately, the law was drafted in a manner that prohibited the use of booster seats for children under age four. A parent or caregiver attempting to provide safer transportation by buckling a young child into a booster seat could be given a ticket for failure to comply with the law.
Clearly, the law should not encourage the use of child vehicle safety systems which endanger the lives of the children riding in them. Therefore, Chapter 232 allows people transporting children who are not yet four years old but who weigh over forty pounds to use booster seats instead of child safety seats.
Groups ranging from the Centers for Disease Control (CDC), American Academy of Pediatrics, NHTSA, the National Transportation Safety Board (NTSB), and the United States Department of Transportation (USDOT) recommend the use of belt-positioning booster seats for all children who have outgrown their child safety seats but who are too small for adult lap/shoulder belts.
Recent research conducted by the Center for Transportation Injury Research, affiliated with the University of Buffalo, showed that drivers were twice as likely to suffer fatal injuries in a head-on motor vehicle crash if an unbelted passenger was seated behind them, and the risk of death to such passengers was three times higher.3
The Vehicle and Traffic Law requires all front seat passengers to be restrained, regardless of age, and all rear seat passengers up to the age of 16 to be restrained. To build on these safety standards, the Assembly passed A.4648-A (Grannis). The bill would prohibit the operation of a motor vehicle with any passengers under the age of seven seated in the front seat of such vehicle. However, this prohibition would not apply under the following circumstances: the motor vehicle is not equipped with rear seats; the rear seat cannot accommodate the proper installation of the child safety or booster seat in which such passenger is being transported; all other seat positions contain other occupants; or the passenger has a medical exemption.
The State of New York has an exemplary record of fighting drunk driving, based upon strict laws, vigorous enforcement, an outstanding STOP-DWI Program, and public education efforts. However, while alcohol-related crashes represent less than three percent of all accidents occurring within New York State, alcohol-related fatal crashes represent almost twenty percent of all fatal accidents (2001 data from DMV, the most recent year for which statistics are available.) Clearly, more needs to be done to prevent seriously intoxicated drivers, as well as repeat offenders, from putting the public at risk of death or serious injury.
Assembly bill 773-C would make comprehensive changes in current law to deter drivers from operating vehicles while having a high blood alcohol concentration (BAC) level, as well as those who put the public at risk by repeatedly driving while intoxicated.
The stiffer penalties contained in this measure are intended to deter hardcore drinking drivers from getting behind the wheel, while the assessment and treatment provisions will address the underlying alcohol or substance abuse problems in order to prevent future incidents.
The National Center for Injury Prevention and Control (NCIPC) reports that more than 4,800 pedestrians died from traffic-related injuries in 2002, almost one-fifth (960) of whom were children from birth to age 14 years. The increased risk of child pedestrian injuries and fatalities is due to multiple factors, including the fact that their smaller size makes them difficult for drivers, particularly drivers of large vehicles, to see.
Leaving the scene of a motor vehicle crash resulting in personal injury or death is a crime. During the time such a crash goes unreported, injured people at the scene could become more seriously injured or die. In addition to concerns that current law fails to provide a sufficient deterrent to prevent drivers from fleeing motor vehicle crash scenes, concerns also have been raised that current law "rewards" intoxicated drivers who flee the scene. An intoxicated driver who stays at the scene of a crash resulting in the death of another person faces a more serious charge - second degree vehicular manslaughter, a class D felony - than if he or she left the scene, sobered up, and was subsequently apprehended or voluntarily came forward, which is a class E felony.
Assembly bill 11383 (Rules/Weisenberg) would increase the penalty for leaving the scene of a personal injury accident from a class B to a class A misdemeanor and impose a minimum $500, maximum $1,000 fine upon conviction. The bill also would increase the penalty for leaving the scene of a fatal accident from a class E to a class D felony, thus eliminating an incentive for intoxicated drivers to flee the scene in order to avoid a higher felony charge.
NHTSA reports that, nationwide, drivers falling asleep while driving are responsible for at least 100,000 motor vehicle crashes, 40,000 injuries and 1,550 fatalities annually. While there is no empirical method for proving drowsiness, NHTSA infers drowsiness from crash characteristics: crashes occurring between the hours of midnight and six a.m. involving a single vehicle and sober driver traveling alone, with the vehicle leaving the roadway without any attempt to avoid the crash. Thus, the true level of drowsiness-induced crashes may be underestimated, since crashes occurring in daytime hours or involving multiple vehicles, alcohol, passengers or evasive maneuvers are not included.
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