Assembly Bill A1937

2009-2010 Legislative Session

Relates to the liability of vehicle owners

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2009-A1937 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd Art 11 Art Head, add ยง389, V & T L

2009-A1937 (ACTIVE) - Summary

Relates to the liability of vehicle owners; negligent entrustment; makes it a misdemeanor to entrust a vehicle to a person whom the owner knows or should have reasonably known was not competent to operate the vehicle safely or to a person in violation of section 501-b of vehicle and traffic law, and death or injury to person or property results.

2009-A1937 (ACTIVE) - Bill Text download pdf 

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

                                  1937

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to the liabil-
  ity of vehicle owners

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

  Section  1. The article heading of article 11 of the vehicle and traf-
fic law is amended to read as follows:
                    [CIVIL] LIABILITY OF VEHICLE OWNER
  S 2. Article 11 of the vehicle and traffic law is amended by adding  a
new section 389 to read as follows:
  S  389.  NEGLIGENT  ENTRUSTMENT.  ANY OWNER, AS DEFINED IN SECTION ONE
HUNDRED TWENTY-EIGHT OF THIS CHAPTER, OF A MOTOR VEHICLE, AS DEFINED  IN
SECTION  ONE  HUNDRED  TWENTY-FIVE  OF THIS CHAPTER, USED OR OPERATED IN
THIS STATE WHO: GIVES HIS OR HER CONSENT, EXPRESS OR  IMPLIED,  FOR  THE
USE  OR  OPERATION  OF SUCH VEHICLE TO A PERSON WHOM SUCH OWNER KNOWS OR
SHOULD HAVE KNOWN OR IN THE EXERCISE  OF  REASONABLE  CARE  SHOULD  HAVE
KNOWN  WAS  NOT COMPETENT TO OPERATE SUCH VEHICLE SAFELY, OR TO A PERSON
IN VIOLATION OF SECTION FIVE HUNDRED ONE-B OF THIS CHAPTER; AND DEATH OR
INJURY TO PERSON OR PROPERTY RESULTS FROM NEGLIGENCE IN THE USE OR OPER-
ATION OF SUCH VEHICLE; SHALL BE GUILTY OF NEGLIGENT ENTRUSTMENT.
  ANY PERSON VIOLATING THIS PROVISION SHALL BE GUILTY OF A MISDEMEANOR.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03182-01-9

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