VTL § 1229‐C (1)(a), “Back Seat Passenger Less Than Four No/Improper Restraint”

Vehicle & Traffic Law (VTL) § 1229-C-1-A obligates the driver of a motor vehicle to ensure that a child less than four years old sitting in the back seat of the car is properly buckled in a baby seat. The baby seat must be in compliance with 49 CFR § 571.213. Up until the age of two, the baby must be rear-facing. The exceptions are where the baby’s weight or height exceed the baby seat manufacture recommendations. The failure to be buckled properly can result in a ticket against the driver. It does not matter if the driver has no relation to the child or is not responsible for the child.

Pleading guilty of being found guilty of VTL 1229C1A will result in an automatic three points being added to the driving record of the person that was issued the ticket. The exact fine is determined by the judge and ranges up to $100 + $93 surcharge for a first- time violation. The biggest cost is the increased insurance rates. Insurance companies typically raise their rates with such a violation appearing on the driving record.

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: (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 and which shall be rear-facing whenever the passenger being restrained in such seat is under the age of two except that in the event that the weight or height of such passenger under the age of two exceeds the occupant size and weight recommendations of the manufacturer of such rear-facing seat, such seat may be forward-facing; provided, however, that 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;

Disputing a VTL § 1229(C)1A Ticket

If you received a 1229(c)-1a ticket it is most likely in your best interests to fight the charges. It does not matter if the child was properly buckled or improperly buckled. Fighting the charges does not require you to make any factual claims. It merely requires the officer to prove the case.

This is where an experienced traffic ticket attorney comes in. The attorney will be familiar with the relevant procedural and legal requirements that must be undertaken to establish the violation. If the officer fails to comply with all the requirements your attorney can argue for dismissal or use for leverage to obtain an optimal plea bargain. The additional benefit of retaining counsel is that they can go court in your place. This means you can get your violation reduced or dismissed without taking off from work or having to leave your home. For more detailed information, you can contact the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. Our law office handles many different types of traffic related charges and have successfully handled VTL § 1229(C)(1)(a) tickets. Attorneys from our firm are often able to get them reduced to parking tickets or dismissed entirely. The Benjamin Goldman Law Office practices state-wide and takes on cases in all New York regions including Western New York, Finger Lakes, Southern Tier, Mohawk Valley, Central New York, North Country, Capital District, Hudson Valley, Long Island, and New York City. Our firm provides all motorists with a free consultation. Contact us at your convenience via phone call, text message, email, or website submission. The Benjamin Goldman Law Office looks forward to fighting the charges on your behalf.

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