Bill Text: NY A01937 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the vehicle and traffic law, in relation to the liability of vehicle owners

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-27 - held for consideration in transportation [A01937 Detail]

Download: New_York-2009-A01937-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1937
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2009
                                      ___________
       Introduced by M. of A. THIELE -- read once and referred to the Committee
         on Transportation
       AN  ACT to amend the vehicle and traffic law, in relation to the liabil-
         ity of vehicle owners
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The article heading of article 11 of the vehicle and traf-
    2  fic law is amended to read as follows:
    3                      [CIVIL] LIABILITY OF VEHICLE OWNER
    4    S 2. Article 11 of the vehicle and traffic law is amended by adding  a
    5  new section 389 to read as follows:
    6    S  389.  NEGLIGENT  ENTRUSTMENT.  ANY OWNER, AS DEFINED IN SECTION ONE
    7  HUNDRED TWENTY-EIGHT OF THIS CHAPTER, OF A MOTOR VEHICLE, AS DEFINED  IN
    8  SECTION  ONE  HUNDRED  TWENTY-FIVE  OF THIS CHAPTER, USED OR OPERATED IN
    9  THIS STATE WHO: GIVES HIS OR HER CONSENT, EXPRESS OR  IMPLIED,  FOR  THE
   10  USE  OR  OPERATION  OF SUCH VEHICLE TO A PERSON WHOM SUCH OWNER KNOWS OR
   11  SHOULD HAVE KNOWN OR IN THE EXERCISE  OF  REASONABLE  CARE  SHOULD  HAVE
   12  KNOWN  WAS  NOT COMPETENT TO OPERATE SUCH VEHICLE SAFELY, OR TO A PERSON
   13  IN VIOLATION OF SECTION FIVE HUNDRED ONE-B OF THIS CHAPTER; AND DEATH OR
   14  INJURY TO PERSON OR PROPERTY RESULTS FROM NEGLIGENCE IN THE USE OR OPER-
   15  ATION OF SUCH VEHICLE; SHALL BE GUILTY OF NEGLIGENT ENTRUSTMENT.
   16    ANY PERSON VIOLATING THIS PROVISION SHALL BE GUILTY OF A MISDEMEANOR.
   17    S 3. This act shall take effect on the first of November next succeed-
   18  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03182-01-9
feedback