Bill Text: NY A02478 | 2013-2014 | General Assembly | Introduced
Bill Title: Prohibits the transportation of an animal in any open area of a motor vehicle which is intended for any load unless such area is fully enclosed or the animal is in a cage or container, or restrained so it's unable to leave or be thrown from the vehicle; imposes fines for the violation of the provisions thereof.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A02478 Detail]
Download: New_York-2013-A02478-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2478
2013-2014 Regular Sessions
I N A S S E M B L Y
January 15, 2013
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
V. LOPEZ, ROBINSON -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to transporta-
tion of animals in a motor vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature hereby finds that
2 animals riding unrestrained or inadequately restrained in open compart-
3 ments of motor vehicles are injured and killed when they fall or jump
4 from such vehicles, when they are thrown from the vehicle and hit by
5 oncoming traffic, and when they are strangled or dragged beneath the
6 vehicle in which they were travelling. In addition to the obvious safety
7 threat to animals posed by this mode of transportation, animals riding
8 in this manner pose a substantial threat to the safety of drivers and
9 passengers in other vehicles, as well as pedestrians. An animal that
10 jumps or is thrown from a motor vehicle creates a traffic hazard which
11 even the most careful and astute driver may be unable to avoid. Drivers
12 and passengers can be injured or killed when an animal ejected from
13 another vehicle hits their windshield or forces them to drive in an
14 erratic fashion to avoid a collision. Pedestrians are at obvious risk as
15 well as vulnerable victims of these sorts of traffic disturbances.
16 S 2. The vehicle and traffic law is amended by adding a new section
17 1222-a to read as follows:
18 S 1222-A. TRANSPORTATION OF ANIMALS; ENCLOSURE AND RESTRAINT. 1. NO
19 PERSON SHALL OPERATE A MOTOR VEHICLE ON A PUBLIC HIGHWAY WHILE TRANS-
20 PORTING AN ANIMAL IN AN OPEN, UNCOVERED AREA OF SUCH VEHICLE WHEN SUCH
21 AREA IS INTENDED FOR ANY LOAD, UNLESS:
22 (A) SUCH AREA IS ENTIRELY ENCLOSED WITH SIDE AND TAIL RACKS TO A
23 HEIGHT SUFFICIENT TO ENSURE THAT THE ANIMAL CANNOT FALL, BE THROWN OR
24 JUMP FROM THE MOTOR VEHICLE, BUT IN NO CASE SHALL SUCH RACK BE LESS THAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05878-01-3
A. 2478 2
1 FORTY-SIX INCHES EXTENDING VERTICALLY FROM THE FLOOR OF THE OPEN AREA TO
2 THE TOP OF THE RACKS; OR
3 (B) SUCH ANIMAL IS SECURED IN A CAGE OR OTHER CONTAINER WHICH PROVIDES
4 SUFFICIENT VENTILATION, PROTECTION FROM THE ELEMENTS AND ADEQUATE SPACE
5 TO ENSURE THE SAFETY AND COMFORT OF THE ANIMAL, AND THAT PREVENTS SUCH
6 ANIMAL FROM BEING THROWN, FALLING FROM OR JUMPING FROM THE MOTOR VEHI-
7 CLE. SUCH CAGE OR CONTAINER SHALL BE SECURED TO THE MOTOR VEHICLE IN
8 SUCH A MANNER AS TO PREVENT IT FROM FALLING FROM SUCH VEHICLE OR FROM
9 MOVING IN SUCH VEHICLE IN A MANNER WHICH CREATES A SUBSTANTIAL RISK OF
10 INJURY TO THE ANIMAL TRANSPORTED THEREIN.
11 2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
12 SECTION SHALL BE PUNISHED BY A CIVIL FINE OF NOT LESS THAN TWENTY-FIVE
13 NOR MORE THAN SEVENTY-FIVE DOLLARS.
14 S 3. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
