senate Bill S3329A

Relates to the safety of funeral processions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Feb / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 12 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 30 / May / 2012
    • AMEND AND RECOMMIT TO RULES
  • 30 / May / 2012
    • PRINT NUMBER 3329A

Summary

Relates to the safety of funeral processions; provides that vehicles participating in funeral procession shall have the right-of-way; makes it illegal for any vehicle to forcefully enter spaces between vehicles in a procession; provides that vehicles entering a procession illegally shall be subject to a civil fine of up to $100; provides that drivers in a funeral procession must exercise reasonable duty of care and shall yield the right-of-way to emergency vehicles with siren or lights activated.

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Bill Details

See Assembly Version of this Bill:
A4082A
Versions:
S3329
S3329A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1144-b, amd §1129, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S2292, A5163

Sponsor Memo

BILL NUMBER:S3329A

TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the safety
of funeral processions

PURPOSE:
This legislation would provide for civil penalty to an operator of a
motor vehicle that may fail to yield the right of way or that would
forcibly enter a funeral procession.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 1144-b to the vehicle and traffic law in
that upon approach of a motor vehicle with appropriate indication of
participation in a funeral procession, all motor vehicles shall yield
the right-of-way to such procession and participants of such
procession must proceed in a procession with reasonable duty of care
and yield to any emergency vehicle with its lights or siren on.

Section 2 amends section 1129 of the vehicle and traffic law to
provide for civil penalty of up to one hundred dollars to the driver
of a motor vehicle that forcefully or otherwise enters space between
vehicles in a funeral procession.

JUSTIFICATION:
All too often funeral processions throughout the State of New York are
interrupted by aggressive drivers that cut into the procession to get
through traffic. This is not only dangerous to the drivers in the
procession but it is disrespectful to the deceased and the family of
the deceased. This legislation would impose a penalty to those drivers
that interfere with a funeral procession and help to ensure the safety
to all of the participants.

LEGISLATIVE HISTORY:
2009-10: S.2292/A.5163; Referred to Transportation

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately after becoming law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3329--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule 6, sec. 8 -- committee discharged and said bill committed to  the
  Committee  on  Rules  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  the  safety
  of funeral processions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1144-b to read as follows:
  S 1144-B. OPERATION OF MOTOR VEHICLES ON APPROACH OF MOTOR VEHICLES IN
A FUNERAL PROCESSION. (A) UPON THE IMMEDIATE APPROACH OF A MOTOR VEHICLE
WHICH  HAS  A  BLACK  FLAG  WITH THE WORD "FUNERAL" AFFIXED TO IT IN THE
MANNER PROVIDED FOR IN PARAGRAPH (FF) OF SUBDIVISION TWELVE-A OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE DRIVER  OF  EVERY  OTHER
MOTOR  VEHICLE  SHALL YIELD THE RIGHT-OF-WAY AND SHALL IMMEDIATELY DRIVE
TO A POSITION PARALLEL TO, AND AS CLOSE AS POSSIBLE TO,  THE  RIGHT-HAND
EDGE  OF  THE  HIGHWAY,  OR TO EITHER EDGE OF A ONE-WAY HIGHWAY THREE OR
MORE LANES IN WIDTH, CLEAR OF  ANY  INTERSECTION,  AND  SHALL  STOP  AND
REMAIN IN SUCH POSITION UNTIL THE MOTOR VEHICLE DISPLAYING SUCH FLAG HAS
PASSED, UNLESS OTHERWISE DIRECTED BY A POLICE OFFICER.
  (B)  THIS  SECTION  SHALL NOT OPERATE TO RELIEVE THE DRIVER OF A MOTOR
VEHICLE PARTICIPATING IN A BURIAL OR FUNERAL PROCESSION FROM THE DUTY TO
DRIVE WITH REASONABLE CARE FOR ALL PERSONS USING THE HIGHWAY.
  (C) ANY PERSON OPERATING  A  MOTOR  VEHICLE  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS SECTION SHALL YIELD THE RIGHT-OF-WAY TO AN AUTHORIZED
EMERGENCY  VEHICLE  ENGAGED  IN  EMERGENCY  OPERATION  WITH ITS SIREN OR
LIGHTS ACTIVATED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07627-03-2

S. 3329--A                          2

  S 2. Subdivision (c) of section 1129 of the vehicle and traffic law is
amended to read as follows:
  (c) Motor vehicles being driven upon any roadway outside of a business
or  residence  district  in a caravan or motorcade whether or not towing
other vehicles shall be so operated as to allow sufficient space between
each such vehicle or combination of vehicles so as to enable  any  other
vehicle  to  enter  and occupy such space without danger. This provision
shall not apply to  funeral  processions.    NOTWITHSTANDING  ANY  OTHER
PROVISION  OF THIS SECTION, A DRIVER OF A MOTOR VEHICLE SHALL NOT FORCE-
FULLY OR OTHERWISE ENTER THE SPACE BETWEEN MOTOR VEHICLES IN  A  FUNERAL
PROCESSION SO AS TO DISRUPT THE ORDERLY PROGRESSION AND MOVEMENT OF SAID
PROCESSION.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION
SHALL BE PUNISHED BY A CIVIL FINE OF UP TO ONE HUNDRED DOLLARS.
  S 3. This act shall take effect immediately.

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