assembly Bill A479

2009-2010 Legislative Session

Authorizes N.Y. city to impose liability upon the registered owner of a motor vehicle engaged in excessive hornhonking

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to transportation
Jan 07, 2009 referred to transportation

A479 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1106, V & T L

A479 (ACTIVE) - Summary

Authorizes cities with a population of one million or more to impose liability upon the registered owner of a motor vehicle engaged in excessive hornhonking and authorizes service of a notice of violation by other than personal service where authorized by local law.

A479 (ACTIVE) - Sponsor Memo

A479 (ACTIVE) - Bill Text download pdf

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

                                   479

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 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 authorizing
  the imposition of monetary penalties upon  a  registered  owner  of  a
  motor vehicle engaged in excessive hornhonking

  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 1106 to read as follows:
  S  1106.  OWNER  LIABILITY  FOR FAILURE OF OPERATOR TO COMPLY WITH ANY
PROVISION OF LOCAL LAW REGARDING EXCESSIVE NOISE OCCASIONED BY HORNHONK-
ING.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY  WITH  A
POPULATION  OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY  ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
ANY PROVISION OF LOCAL LAW REGARDING EXCESSIVE NOISE OCCASIONED BY HORN-
HONKING.
  (B) IN ANY CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSUANT TO
SUBDIVISION  (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS  USED
OR  OPERATED  WITH  THE  PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN
VIOLATION OF ANY  PROVISION  RELATING  THERETO  AND  SUCH  VIOLATION  IS
EVIDENCED  BY  INFORMATION OBTAINED BY A POLICE OFFICER ACTIVELY ENGAGED
IN TRAFFIC CONTROL AND UNDER CIRCUMSTANCES WHERE SUCH OFFICER ELECTS  TO
UTILIZE  THE PROVISIONS OF THIS SECTION IN LIEU OF PERSONAL SERVICE OF A
SUMMONS UPON AN OPERATOR.
  (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER.
  (D)  AN  OWNER LIABLE FOR A VIOLATION PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE  FOR  MONETARY

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