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Assembly Bill A761

2009-2010 Legislative Session

Prohibits a person from operating a truck while anyone is in the cargo area of such truck

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Archive: Last Bill Status - On Floor Calendar

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2009-A761 (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง1222 & 1233, V & T L
Versions Introduced in 2011-2012 Legislative Session:
A1300

2009-A761 (ACTIVE) - Summary

Prohibits a person from operating a truck while anyone under the age of eighteen is in the cargo area of such truck; provides certain exceptions for farm type tractors, trucks used for agricultural purposes and trucks used in parades.

2009-A761 (ACTIVE) - Bill Text download pdf 

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

                                   761

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. GANTT, CUSICK -- Multi-Sponsored by -- M. of A.
  BRADLEY, MAGNARELLI, PHEFFER, RAMOS -- read once and referred  to  the
  Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to riding in
  cargo areas of trucks

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

  Section  1.  Subdivision  2 of section 1222 of the vehicle and traffic
law, as amended by chapter 913 of the laws of 1974, is amended  to  read
as follows:
  2.  [No]  A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, NO
operator of any [motor vehicle commonly known as an  auto]  truck  shall
operate  such  [auto] truck, nor shall the owner thereof permit it to be
operated, [in excess of five miles,] while there are [in excess of five]
persons under eighteen years of age in the body of such truck [unless at
least one person over eighteen years of age also rides in  the  body  of
said truck].
  B.  THE  PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL NOT APPLY
TO (I) FARM TYPE TRACTORS USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES  OR
OTHER  FARM  EQUIPMENT  WHEN  MAKING  ONLY  INCIDENTAL USE OF A HIGHWAY,
PROVIDED THAT NO SUCH PASSENGERS ARE UNDER THE AGE OF TWELVE YEARS; (II)
TRUCKS WHILE ENGAGED IN USE FOR AGRICULTURAL PURPOSES WHEN  MAKING  ONLY
INCIDENTAL  USE  OF  A  HIGHWAY AND PROVIDED THAT NO SUCH PASSENGERS ARE
UNDER THE AGE OF TWELVE YEARS;  AND  (III)  TRUCKS  PARTICIPATING  IN  A
PARADE PURSUANT TO A MUNICIPAL PERMIT, PROVIDED THAT AT LEAST ONE PERSON
OVER EIGHTEEN YEARS OF AGE ALSO RIDES IN THE BODY OF SAID TRUCK.
  S  2.  Paragraph (iii) of subdivision 2 of section 1233 of the vehicle
and traffic law, as amended by chapter 377  of  the  laws  of  1980,  is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03722-01-9

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