VTL § 1229‐C (1)(b), “Back Seat Passenger Age 4-7 No/Improper Restraint”

Vehicle & Traffic Law (VTL) § 1229-C-1-B obligates the driver of a motor vehicle to ensure that a child between the ages 4 and 7 sitting in the back seat of the car is properly buckled in a “booster seat”. The booster seat must be in compliance with 49 CFR § 571.213. This is a step-up from a baby seat. The exception to requiring a booster seat is where the child’s weight or height exceeds the recommendations of the manufacturer. The failure of the child being buckled properly can result in a ticket against the driver. It does not matter if the driver is not responsible for the child or even related to the child.

Being found guilty of — or pleading guilty to — VTL 1229C1B will result in an automatic three points being added to the driving record of the person that was cited with the ticket. The exact fine is determined by the judge and ranges up to $100 + $93 surcharge for a first-time offense. City courts have different fines. Insurance companies typically raise their rates with such a violation appearing on the driving record. Thus the biggest cost of the ticket is commonly the increased insurance rates

Text of Statute

§ 1229-c. Operation of vehicles with safety seats and safety belts. 1. No person shall operate a motor vehicle in this state unless:
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(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

Disputing a VTL § 1229(C)1B Ticket

If you received a 1229(c)-1b ticket it is probably in your best interest to fight the charges. It may not matter if the child was improperly buckled or properly buckled. Disputing the allegations does not require that the defendant make any factual claims as this would violate the right against self-incrimination. Rather it requires the officer to prove the case. This is where an experienced traffic ticket lawyer comes in. The attorney will be familiar with the relevant legal and procedural requirements that must be undertaken by the officer to establish the violation. If the officer fails to comply with all the requirements then your lawyer can argue for dismissal or at least use the failure for leverage to obtain an optimal plea bargain. The additional benefit of retaining a traffic ticket lawyer is that they can go to court in your place. This means you can get your violation dismissed or reduced without leaving your home or having to take off from work. For more detailed information, you can get in touch with the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a traffic ticket defense firm. Our law office handles all types traffic related charges and have successfully handled VTL § 1229(C)(1)(b) citations. Lawyers from our firm are often able to get them dismissed or reduced to parking tickets. The Benjamin Goldman Law Office practices across New York State and takes on cases in New York City, Long Island, Hudson Valley, Catskill Mountains, Southern Tier, Western New York, Finger Lakes,Central New York, Mohawk Valley, North County, and the Capital District. Our law firm provides motorists with a free consultation. You can get in touch with us at your convenience via phone call, text message, or email. The Benjamin Goldman Law Office looks forward to taking on your case.

Fight a VTL § 1229‐C (1)(b) Ticket