Assembly Bill A7917

Signed By Governor
2009-2010 Legislative Session

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-A7917 - Details

Laws Affected:
Amd §1146, V & T L

2009-A7917 - Summary

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal; provides penalties for causing physical injury by failing to exercise due care.

2009-A7917 - Bill Text download pdf 

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

                                  7917

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Transportation

AN  ACT  to amend the vehicle and traffic law, in relation to defining a
  vulnerable user of a public way, establishing the offense of  careless
  driving and procedures and penalties relating thereto, and authorizing
  the commissioner of motor vehicles to revoke or suspend the license or
  driving  privileges  of a person convicted of careless driving if such
  person causes injury to a vulnerable user of a public way

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

  Section 1.  This act shall be known and may be cited as "the Hailey Ng
and Diego Martinez law".
  S  2.  The  vehicle and traffic law is amended by adding a new section
159-a to read as follows:
  S 159-A. VULNERABLE USER. A PEDESTRIAN, A  HIGHWAY  WORKER,  A  PERSON
RIDING  AN ANIMAL OR A PERSON OPERATING ANY OF THE FOLLOWING ON A PUBLIC
WAY, CROSSWALK OR SHOULDER OF THE HIGHWAY:
  1. A FARM TRACTOR OR IMPLEMENT OF HUSBANDRY WITHOUT AN ENCLOSED SHELL;
  2. A SKATEBOARD;
  3. ROLLER SKATES OR IN-LINE SKATES;
  4. A SCOOTER; OR
  5. A BICYCLE.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
1146-b to read as follows:
  S  1146-B. CARELESS DRIVING; PROCEDURE; PENALTIES. 1. A PERSON COMMITS
THE OFFENSE OF CARELESS DRIVING IF THE PERSON DRIVES ANY VEHICLE UPON  A
HIGHWAY,  INCLUDING THE SHOULDER OF A HIGHWAY, OR OTHER PREMISES OPEN TO
THE PUBLIC WITHOUT DUE CARE OR IN A MANNER THAT ENDANGERS  OR  WOULD  BE
LIKELY TO ENDANGER ANY PERSON OR PROPERTY.
  2.  IN  ADDITION TO ANY OTHER PENALTY IMPOSED FOR AN OFFENSE COMMITTED
UNDER THIS SECTION PURSUANT TO THIS CHAPTER,  IF  THE  COURT  DETERMINES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-03-9

2009-A7917A - Details

Laws Affected:
Amd §1146, V & T L

2009-A7917A - Summary

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal; provides penalties for causing physical injury by failing to exercise due care.

2009-A7917A - Bill Text download pdf 

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

                                 7917--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Transportation -- 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  defining  a
  vulnerable  user of a public way, establishing the offense of careless
  driving and procedures and penalties relating thereto, and authorizing
  the commissioner of motor vehicles to revoke or suspend the license or
  driving privileges of a person convicted of careless driving  if  such
  person causes injury to a vulnerable user of a public way

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

  Section 1.  This act shall be known and may be cited as "the Hayley Ng
and Diego Martinez law".
  S 2. The vehicle and traffic law is amended by adding  a  new  section
159-a to read as follows:
  S  159-A.  VULNERABLE  USER.  A PEDESTRIAN, A HIGHWAY WORKER, A PERSON
RIDING AN ANIMAL OR A PERSON OPERATING ANY OF THE FOLLOWING ON A  PUBLIC
WAY, CROSSWALK OR SHOULDER OF THE HIGHWAY:
  1. A FARM TRACTOR OR IMPLEMENT OF HUSBANDRY WITHOUT AN ENCLOSED SHELL;
  2. A SKATEBOARD;
  3. ROLLER SKATES OR IN-LINE SKATES;
  4. A SCOOTER; OR
  5. A BICYCLE.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1146-b to read as follows:
  S 1146-B. CARELESS DRIVING; PROCEDURE; PENALTIES. 1. A PERSON  COMMITS
THE  OFFENSE OF CARELESS DRIVING IF THE PERSON DRIVES ANY VEHICLE UPON A
HIGHWAY, INCLUDING THE SHOULDER OF A HIGHWAY, OR OTHER PREMISES OPEN  TO
THE  PUBLIC  WITHOUT  DUE CARE OR IN A MANNER THAT ENDANGERS OR WOULD BE
LIKELY TO ENDANGER ANY PERSON OR PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-05-9

2009-A7917B - Details

Laws Affected:
Amd §1146, V & T L

2009-A7917B - Summary

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal; provides penalties for causing physical injury by failing to exercise due care.

2009-A7917B - Sponsor Memo

2009-A7917B - Bill Text download pdf 

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

                                 7917--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by M. of A. KAVANAGH, KOON, MENG -- Multi-Sponsored by -- M.
  of A. COOK, GABRYSZAK, HOOPER, SCHIMEL,  THIELE,  WEISENBERG  --  read
  once  and  referred  to  the  Committee on Transportation -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to the require-
  ment of exercising due care in the operation of a motor vehicle

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

  Section 1. Section 1146 of the vehicle and traffic law, as amended  by
chapter 559 of the laws of 1988, is amended to read as follows:
  S 1146. Drivers   to   exercise  due  care.  (A)  Notwithstanding  the
provisions of any other law to the contrary, every driver of  a  vehicle
shall exercise due care to avoid colliding with any bicyclist, pedestri-
an  or domestic animal upon any roadway and shall give warning by sound-
ing the horn when necessary.  For the purposes of this section, the term
"domestic animal" shall mean domesticated sheep, cattle and goats  which
are under the supervision and control of a pedestrian.
  (B)  1.  A  DRIVER  OF  A  MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS
DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A PEDESTRIAN OR BICYCLIST  BY
FAILING  TO  EXERCISE  DUE  CARE IN VIOLATION OF SUBDIVISION (A) OF THIS
SECTION, SHALL BE GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF
UP TO FIVE HUNDRED DOLLARS OR  A  SENTENCE  OF  IMPRISONMENT  OF  UP  TO
FIFTEEN DAYS OR BOTH SUCH FINE AND IMPRISONMENT.
  2.  IF  SUCH  DRIVER  OF  A MOTOR VEHICLE CAUSES PHYSICAL INJURY WHILE
FAILING TO EXERCISE DUE CARE IN VIOLATION OF  SUBDIVISION  (A)  OF  THIS
SECTION,  THEN THERE SHALL BE A REBUTTABLE PRESUMPTION THAT, AS A RESULT
OF SUCH FAILURE TO EXERCISE DUE CARE, SUCH  PERSON  OPERATED  THE  MOTOR
VEHICLE IN A MANNER THAT CAUSED SUCH PHYSICAL INJURY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-06-9

co-Sponsors

multi-Sponsors

2009-A7917C - Details

Laws Affected:
Amd §1146, V & T L

2009-A7917C - Summary

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal; provides penalties for causing physical injury by failing to exercise due care.

2009-A7917C - Sponsor Memo

2009-A7917C - Bill Text download pdf 

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

                                 7917--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. KAVANAGH, KOON, MENG, GALEF -- Multi-Sponsored by
  --  M. of A.  COOK, GABRYSZAK, HOOPER, PHEFFER, SCHIMEL, THIELE, WEIS-
  ENBERG -- read once and referred to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee -- recommitted to the Committee on Transportation in accord-
  ance  with  Assembly  Rule  3,  sec. 2 -- reported and referred to the
  Committee on Codes --  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 require-
  ment of exercising due care in the operation of a motor vehicle

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

  Section 1. This act shall be known and may be cited as the "Hayley  Ng
and Diego Martinez law."
  S  2. Section 1146 of the vehicle and traffic law, as amended by chap-
ter 559 of the laws of 1988, is amended to read as follows:
  S 1146. Drivers  to  exercise  due  care.  (A)   Notwithstanding   the
provisions  of  any other law to the contrary, every driver of a vehicle
shall exercise due care to avoid colliding with any bicyclist, pedestri-
an, or domestic animal upon any roadway and shall give warning by sound-
ing the horn when necessary.  For the purposes of this section, the term
"domestic animal" shall mean domesticated sheep, cattle, and goats which
are under the supervision and control of a pedestrian.
  (B) 1. A DRIVER OF A MOTOR  VEHICLE  WHO  CAUSES  PHYSICAL  INJURY  AS
DEFINED  IN  ARTICLE  TEN  OF THE PENAL LAW TO A PEDESTRIAN OR BICYCLIST
WHILE FAILING TO EXERCISE DUE CARE IN VIOLATION OF  SUBDIVISION  (A)  OF
THIS  SECTION,  SHALL  BE GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR  NOT
MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-08-0

co-Sponsors

multi-Sponsors

2009-A7917D (ACTIVE) - Details

Laws Affected:
Amd §1146, V & T L

2009-A7917D (ACTIVE) - Summary

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal; provides penalties for causing physical injury by failing to exercise due care.

2009-A7917D (ACTIVE) - Bill Text download pdf 

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

                                 7917--D
                                                        Cal. No. 899

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. KAVANAGH, KOON, MENG, GALEF -- Multi-Sponsored by
  --  M. of A.  COOK, GABRYSZAK, HOOPER, PHEFFER, SCHIMEL, THIELE, WEIN-
  STEIN, WEISENBERG -- read once and referred to the Committee on Trans-
  portation -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted  to  said committee -- recommitted to the Committee on Transporta-
  tion in accordance with Assembly  Rule  3,  sec.  2  --  reported  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

AN ACT to amend the vehicle and traffic law, in relation to the require-
  ment of exercising due care in the operation of a motor vehicle

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

  Section  1. This act shall be known and may be cited as the "Hayley Ng
and Diego Martinez law."
  S 2. Section 1146 of the vehicle and traffic law, as amended by  chap-
ter 559 of the laws of 1988, is amended to read as follows:
  S 1146. Drivers   to   exercise  due  care.  (A)  Notwithstanding  the
provisions of any other law to the contrary, every driver of  a  vehicle
shall exercise due care to avoid colliding with any bicyclist, pedestri-
an, or domestic animal upon any roadway and shall give warning by sound-
ing the horn when necessary.  For the purposes of this section, the term
"domestic animal" shall mean domesticated sheep, cattle, and goats which
are under the supervision and control of a pedestrian.
  (B)  1.  A  DRIVER  OF  A  MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS
DEFINED IN ARTICLE TEN OF THE PENAL LAW TO  A  PEDESTRIAN  OR  BICYCLIST
WHILE  FAILING  TO  EXERCISE DUE CARE IN VIOLATION OF SUBDIVISION (A) OF

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

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