S T A T E   O F   N E W   Y O R K
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                                  2259

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. STIRPE, CHRISTENSEN, FINCH, ALFANO -- Multi-Spon-
  sored  by  -- M. of A.  CROUCH, DelMONTE, GABRYSZAK, GIGLIO, V. LOPEZ,
  MAGNARELLI, MAISEL, MAYERSOHN, McDONOUGH,  THIELE,  TOWNSEND,  WALKER,
  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:

  Section 1. Section 1213 of the vehicle and traffic law, as amended  by
chapter 621 of the laws of 1963, is amended to read as follows:
  S 1213. Obstruction  to  driver's  view  or  driving mechanism. (a) No
person shall drive a motor vehicle when it is so loaded, or  when  there
are  in the front seat such number of persons as to obstruct the view of
the driver to the front or sides of the vehicle or as to interfere  with
the  driver's  control  over the driving mechanism of the vehicle. In no
event shall there be more than three persons in the front  seat  of  any
vehicle, except where such seat has been constructed to accommodate more
than  three persons and there is eighteen inches of seating capacity for
each passenger or occupant in said front seat.
  (b) No passenger in a vehicle shall ride in  such  a  position  as  to
interfere  with the driver's view ahead or to the sides, or to interfere
with his OR HER control over the driving mechanism of the vehicle.
  (C) A VIOLATION OF SUBDIVISION (A) OR (B) OF THIS SECTION THAT RESULTS
IN AN INJURY TO ANOTHER PERSON SHALL CONSTITUTE A CLASS A MISDEMEANOR. A
VIOLATION OF SUBDIVISION (A) OR (B) OF THIS SECTION THAT RESULTS IN  THE
DEATH OF ANOTHER PERSON SHALL CONSTITUTE A CLASS E FELONY.
  S  2.  The  navigation  law is amended by adding a new section 45-e to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05046-01-9
              

A. 2259                             2

  S 45-E. RECKLESS OPERATION OF A VESSEL; OBSTRUCTION TO OPERATOR'S VIEW
OR OPERATING MECHANISM.  1.  NO  PERSON  SHALL  OPERATE  A  MECHANICALLY
PROPELLED  VESSEL WHEN IT IS SO LOADED, OR WHEN THERE ARE SUCH NUMBER OF
PERSONS AS TO OBSTRUCT THE VIEW OF THE OPERATOR TO THE FRONT OR SIDES OF
THE VESSEL OR AS TO INTERFERE WITH THE OPERATOR'S CONTROL OVER THE OPER-
ATING MECHANISM OF THE VESSEL.
  2.  NO PASSENGER IN A MECHANICALLY PROPELLED VESSEL SHALL RIDE IN SUCH
A POSITION AS TO INTERFERE WITH THE OPERATOR'S  VIEW  AHEAD  OR  TO  THE
SIDES,  OR TO INTERFERE WITH HIS OR HER CONTROL OVER THE OPERATING MECH-
ANISM OF THE VESSEL.
  3. A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION THAT  RESULTS
IN AN INJURY TO ANOTHER PERSON SHALL CONSTITUTE A CLASS A MISDEMEANOR. A
VIOLATION  OF SUBDIVISION ONE OR TWO OF THIS SECTION THAT RESULTS IN THE
DEATH OF ANOTHER PERSON SHALL CONSTITUTE A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.