NY State Senate Bill 2009-S6246

Archive: Last Bill Status - In Senate Committee Transportation 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Oct 26, 2009	referred to rules

2009-S6246 (ACTIVE) - Details

See Assembly Version of this Bill:: A8539
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1210, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S1159, A5683

2009-S6246 (ACTIVE) - Summary

Prohibits the idling of motor vehicles left unattended; provides exemptions; emergency of law enforcement purposes; maintenance, diagnostics, inspection

2009-S6246 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6246

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to
prohibiting the idling of motor vehicles left unattended


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation prohibits the idling of any motor vehicle while
unattended, with the exception of the following situations: emergency
or law enforcement purposes; maintenance, diagnostics, inspections;
powering auxiliary equipment; recharging electric and hybrid vehicles;
snow removal; farm vehicles; a vehicle within mines or quarries; and
in weather conditions of less than 20 degrees Fahrenheit for more than
24 consecutive hours. No person driving or in charge of a motor
vehicle shall allow it to stand unattended without first stopping the
engine, locking the ignition and removing the key, or placing the
transmission in "park" or the gears in "low" or "reverse" if the
vehicle has a manual shift.  This legislation would fine the violator
$50 for the first offense; subsequent offenses shall increase in cost
to the offender but are not to exceed $250 and/or not more than 90 day
imprisonment.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends section 1210 of the vehicle and traffic law so that
no idling motor vehicle shall be left unattended with the following

exemptions: emergency or law enforcement purposes; maintenance,
diagnostics, inspections; powering auxiliary equipment; recharging
electric and hybrid vehicles; snow removal; farm vehicles; a vehicle
within mines or quarries; and in weather conditions of less than 20
degrees Fahrenheit for more than 24 consecutive hours, Section 1
subdivision (e) provides that towing agencies, which remove vehicles
unlawfully parked on private property at the request of the owner of
that premises, shall immediately notify the local police station
having jurisdiction, of the description and the time of removal.
Section 1 subdivision (f) provides that the violator is fined $50 for
the first offense; and, subsequent offenses shall increase in cost to
the offender but are not to exceed $250 and/or not more than 90 day
imprisonment.

Section 2 provides that this act shall take effect on the ninetieth
day after it shall have become a law.

 JUSTIFICATION :
The idling of unattended cars has lead to numerous deaths all over the
United States. These deaths have been caused by accidental crashes as
well as carbon monoxide poisonings. Two incidents lead to two separate
deaths that could have been avoided by simply turning the car off. The
first instance left a man dead when his idling car slipped into gear,
and ran him over several times while he stepped out to purchase a
newspaper. The second instance left a thirteen month old boy dead when
his two year old brother ran over him with his mother's car. An
incident involving carbon monoxide poisoning occurred when an elderly
couple's vehicle, left running the garage attached adjacent to their
home, seeped the deadly gas into their bedroom killing one, and
hospitalizing the other. Another tragic incident left two elderly
sisters dead when they left their car running in their garage.

This legislation seeks to change New York State's idling law to ban
the idling of vehicles while they are left unattended by their
operator in order to encourage responsible vehicle operation and
prevent unnecessary injuries and/or deaths. This will make New York
State drivers more aware of the dangers posed by a car that is left
unattended while it is still running. This bill also offers a
reasonable consequence for those who choose to put themselves and
others at risk.
 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S6246 (ACTIVE) - Bill Text download pdf

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

                                  6246

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            October 26, 2009
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
  the idling of motor vehicles left unattended

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

  Section 1. Section 1210 of the vehicle and  traffic  law,  subdivision
(a)  as  amended  by chapter 350 of the laws of 1967, subdivision (b) as
amended by chapter 300 of the laws of 1960 and subdivision (c) as  added
by chapter 572 of the laws of 1983, is amended to read as follows:
  S 1210. [Unattended] IDLING motor vehicle LEFT UNATTENDED; PROHIBITED.
(a) No person driving or in charge of a motor vehicle shall permit it to
stand unattended without [first]:
  1. stopping the engine[,];
  2.  locking  the  ignition[,]  AND removing the key from the vehicle[,
and];
  3. PLACING THE TRANSMISSION  IN  "PARK"  OR  THE  GEARS  IN  "LOW"  OR
"REVERSE" IF THE VEHICLE HAS A MANUAL SHIFT; AND
  4.  effectively setting the brake thereon [and, when standing upon any
grade, turning].
  (B) A PERSON SHALL TURN the front wheels to the curb or  side  of  the
highway[, provided, however, the provision for removing the key from the
vehicle  shall  not  require the removal of keys hidden from sight about
the vehicle for convenience or emergency] WHEN STANDING A VEHICLE ON ANY
PERCEPTIBLE GRADE.
  [(b)] (C) THE FOLLOWING SHALL BE EXEMPT FROM THE PROVISIONS OF  SUBDI-
VISIONS (A) AND (B) OF THIS SECTION:
  1. EMERGENCY OR LAW ENFORCEMENT PURPOSES;
  2. MAINTENANCE, DIAGNOSTICS, INSPECTION;
  3. POWERING AUXILIARY EQUIPMENT;
  4. RECHARGING ELECTRIC AND HYBRID VEHICLES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11955-01-9

S. 6246                             2

  5. SNOW REMOVAL;
  6.  WEATHER CONDITIONS OF LESS THAN TWENTY DEGREES FAHRENHEIT FOR MORE
THAN TWENTY-FOUR CONSECUTIVE HOURS;
  7. WITHIN MINES OR QUARRIES;
  8. FARM VEHICLES; OR
  9. REMOTE STARTERS.
  (D) A driver may, for the purpose of getting away from  the  place  of
standing,  move  another  vehicle  which  is so placed he cannot get his
vehicle out; provided, however, that  immediately  thereafter  he  shall
reset the brake and, if on a grade, turn the front wheels to the curb or
side  of  the  highway.  This privilege is subject to the limitation set
forth in subdivision [(e)] (C) of section twelve  hundred  two  OF  THIS
TITLE.
  [(c)]  (E) Towing agencies, which remove vehicles unlawfully parked on
private property at request of the owner of the premises and without the
written consent of the owner of the vehicle,  shall  immediately  notify
the  local  police station house having jurisdiction over the area where
such vehicle was unlawfully parked, of the description of the car  which
was removed, and the time of removal.
  (F) PERSONS FOUND VIOLATING THE PROVISIONS OF SUBDIVISIONS (A) AND (B)
OF  THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF FIFTY DOLLARS FOR THE
FIRST OFFENSE AND FOR SUBSEQUENT OFFENSES THE FINE SHALL NOT EXCEED  TWO
HUNDRED  FIFTY  DOLLARS AND/OR SHALL NOT EXCEED NINETY DAYS OF IMPRISON-
MENT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S6246

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S6246 (ACTIVE) - Details

2009-S6246 (ACTIVE) - Summary

2009-S6246 (ACTIVE) - Sponsor Memo

2009-S6246 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S6246 (ACTIVE) - Details

2009-S6246 (ACTIVE) - Summary

2009-S6246 (ACTIVE) - Sponsor Memo

2009-S6246 (ACTIVE) - Bill Text download pdf

Comments