S T A T E   O F   N E W   Y O R K
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                                  4355

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M. of A. GABRYSZAK, FINCH -- Multi-Sponsored by -- M. of
  A. CROUCH, GIGLIO, V. LOPEZ, MAGNARELLI, MAISEL, MAYERSOHN, McDONOUGH,
  THIELE, WEISENBERG -- read once  and  referred  to  the  Committee  on
  Transportation

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.
                                                           LBD08633-01-1

              

A. 4355                             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.