Bill Text: NY A06310 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides for an increase in penalties for obstruction of driver's view, or operator's view in a vessel, if injury or death results.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A06310 Detail]

Download: New_York-2013-A06310-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6310
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       Introduced  by  M. of A. GABRYSZAK, FINCH -- Multi-Sponsored by -- M. of
         A. CROUCH, GIGLIO, V. LOPEZ, MAGNARELLI,  MAISEL,  McDONOUGH,  THIELE,
         WEISENBERG  --  read once and referred to the Committee on Transporta-
         tion
       AN ACT to amend the vehicle and traffic law and the navigation  law,  in
         relation  to    increasing  penalties  for certain obstructed view for
         drivers of motor vehicles and operators  of  vessels  that  result  in
         injury or death
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1213 of the vehicle and traffic law, as amended  by
    2  chapter 621 of the laws of 1963, is amended to read as follows:
    3    S 1213. Obstruction  to  driver's  view  or  driving mechanism. (a) No
    4  person shall drive a motor vehicle when it is so loaded, or  when  there
    5  are  in the front seat such number of persons as to obstruct the view of
    6  the driver to the front or sides of the vehicle or as to interfere  with
    7  the  driver's  control  over the driving mechanism of the vehicle. In no
    8  event shall there be more than three persons in the front  seat  of  any
    9  vehicle, except where such seat has been constructed to accommodate more
   10  than  three persons and there is eighteen inches of seating capacity for
   11  each passenger or occupant in said front seat.
   12    (b) No passenger in a vehicle shall ride in  such  a  position  as  to
   13  interfere  with the driver's view ahead or to the sides, or to interfere
   14  with his OR HER control over the driving mechanism of the vehicle.
   15    (C) A VIOLATION OF SUBDIVISION (A) OR (B) OF THIS SECTION THAT RESULTS
   16  IN AN INJURY TO ANOTHER PERSON SHALL CONSTITUTE A CLASS A MISDEMEANOR. A
   17  VIOLATION OF SUBDIVISION (A) OR (B) OF THIS SECTION THAT RESULTS IN  THE
   18  DEATH OF ANOTHER PERSON SHALL CONSTITUTE A CLASS E FELONY.
   19    S  2.  The  navigation  law is amended by adding a new section 45-e to
   20  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09801-01-3
       A. 6310                             2
    1    S 45-E. RECKLESS OPERATION OF A VESSEL; OBSTRUCTION TO OPERATOR'S VIEW
    2  OR OPERATING MECHANISM.  1.  NO  PERSON  SHALL  OPERATE  A  MECHANICALLY
    3  PROPELLED  VESSEL WHEN IT IS SO LOADED, OR WHEN THERE ARE SUCH NUMBER OF
    4  PERSONS AS TO OBSTRUCT THE VIEW OF THE OPERATOR TO THE FRONT OR SIDES OF
    5  THE VESSEL OR AS TO INTERFERE WITH THE OPERATOR'S CONTROL OVER THE OPER-
    6  ATING MECHANISM OF THE VESSEL.
    7    2.  NO PASSENGER IN A MECHANICALLY PROPELLED VESSEL SHALL RIDE IN SUCH
    8  A POSITION AS TO INTERFERE WITH THE OPERATOR'S  VIEW  AHEAD  OR  TO  THE
    9  SIDES,  OR TO INTERFERE WITH HIS OR HER CONTROL OVER THE OPERATING MECH-
   10  ANISM OF THE VESSEL.
   11    3. A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION THAT  RESULTS
   12  IN AN INJURY TO ANOTHER PERSON SHALL CONSTITUTE A CLASS A MISDEMEANOR. A
   13  VIOLATION  OF SUBDIVISION ONE OR TWO OF THIS SECTION THAT RESULTS IN THE
   14  DEATH OF ANOTHER PERSON SHALL CONSTITUTE A CLASS E FELONY.
   15    S 3. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
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