NY State Senate Bill 2009-S3672

Senate Bill S3672

2009-2010 Legislative Session

Requires persons operating a vessel be obedient to law enforcement vessels displaying a flashing, revolving or oscillating blue light

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to cultural affairs, tourism, parks and recreation
Mar 27, 2009	referred to cultural affairs, tourism, parks and recreation

co-Sponsors

2009-S3672 (ACTIVE) - Details

See Assembly Version of this Bill:: A4858
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Navigation Law
Laws Affected:: Add §201-a, Nav L
Versions Introduced in 2011-2012 Legislative Session:: S4409

2009-S3672 (ACTIVE) - Summary

Requires that persons operating a vessel be obedient to law enforcement vessels displaying a flashing, revolving or oscillating blue light.

2009-S3672 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3672

 TITLE OF BILL :

An act to amend the navigation law, in relation to obedience to law
enforcement vessels


 PURPOSE OR GENERAL IDEA OF BILL :

Any person operating a vessel who is approaching, overtaking, being
approached, or being overtaken by a law enforcement vessel, using an
audible signal device or flashing blue light, or any vessel
approaching a stationary law enforcement vessel displaying flashing
blue lights, shall immediately slow to a speed sufficient to maintain
steerage only, shall alter its course, within its ability, so as not
to inhibit or interfere with the operation of the law enforcement
vessel, and shall proceed unless otherwise directed by an officer in
the law enforcement vessel, at a reduced speed until beyond the law
enforcement vessel.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the Navigation Law by adding a new §201-a
which states any person being approached be a law enforcement vessel
shall immediately slow to a speed sufficient to maintain steerage only

and shall alter its course within its ability and shall proceed as
directed by enforcement vessel.

Paragraph 2 of §201-a establishes a fine of not more then two hundred
dollars, or imprisonment for not more then seven days or both for a
violation of this section.

Section 2 of the bill is the enacting clause.

 JUSTIFICATION :

It is the intent of this new statute to insure the safety of the
public, and any law enforcement officer, during the operation of said
type of vessel. This statute is justified as currently there are no
statutes in the New York State Navigation Law or the Vehicle & Traffic
Law, specifically dealing with this topic.

 PRIOR LEGISLATIVE HISTORY :

2008: S.7480 Tourism, Recreation and Sports Development Cmte./A.8808A
Transportation Cmte.

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
Immediately.

2009-S3672 (ACTIVE) - Bill Text download pdf

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

                                  3672

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced by Sens. FLANAGAN, MORAHAN, RANZENHOFER, VOLKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Cultural Affairs, Tourism, Parks and Recreation

AN  ACT  to  amend  the  navigation law, in relation to obedience to law
  enforcement vessels

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

  Section 1. The navigation law is amended by adding a new section 201-a
to read as follows:
  S  201-A.  OBEDIENCE TO LAW ENFORCEMENT VESSELS DISPLAYING A FLASHING,
REVOLVING, OR OSCILLATING BLUE LIGHT. 1. ANY PERSON OPERATING  A  VESSEL
WHO  IS APPROACHING, OVERTAKING, BEING APPROACHED, OR BEING OVERTAKEN BY
A LAW ENFORCEMENT VESSEL USING AUDIBLE SIGNAL DEVICE  OR  FLASHING  BLUE
LIGHT,  OR  ANY  VESSEL  APPROACHING A STATIONARY LAW ENFORCEMENT VESSEL
DISPLAYING FLASHING BLUE LIGHTS: (A) SHALL IMMEDIATELY SLOW TO  A  SPEED
SUFFICIENT  TO MAINTAIN STEERAGE ONLY; (B) SHALL ALTER ITS COURSE WITHIN
ITS ABILITY, SO AS NOT TO INHIBIT OR INTERFERE WITH THE OPERATION OF THE
LAW ENFORCEMENT VESSEL; AND (C) SHALL PROCEED UNLESS OTHERWISE  DIRECTED
BY  AN  OFFICER  IN THE LAW ENFORCEMENT VESSEL, AT A REDUCED SPEED UNTIL
THE PERSON IS BEYOND THE LAW ENFORCEMENT VESSEL.
  2. ANY PERSON WHO WILLFULLY OR NEGLIGENTLY INHIBITS OR INTERFERES WITH
ANY LAW ENFORCEMENT VESSEL WHILE ON THE WAY TO AN EMERGENCY CALL  OR  IN
THE PURSUIT OF FLEEING VIOLATORS, SHALL BE SUBJECT TO A FINE OF NOT MORE
THAN  TWO  HUNDRED DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN SEVEN DAYS
OR BOTH.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06682-01-9

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Senate Bill S3672

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Sponsored By

John J. Flanagan