senate Bill S3329A

2011-2012 Legislative Session

Relates to the safety of funeral processions

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2012 print number 3329a
amend and recommit to rules
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to transportation
Feb 16, 2011 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

S3329 - Bill Details

See Assembly Version of this Bill:
A4082A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1144-b, amd §1129, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S2292, A5163

S3329 - Bill Texts

view summary

Relates to the safety of funeral processions; provides that vehicles participating in funeral procession shall have the right-of-way; makes it illegal for any vehicle to forcefully enter spaces between vehicles in a procession; provides that vehicles entering a procession illegally shall be subject to a civil fine of up to $100; provides that drivers in a funeral procession must exercise reasonable duty of care and shall yield the right-of-way to emergency vehicles with siren or lights activated.

view sponsor memo
BILL NUMBER:S3329

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the safety of
funeral processions

PURPOSE:
This legislation would provide for civil penalty to an operator of a
motor vehicle that may fail to yield the right of way or that would
forcibly enter a funeral procession.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 1144-b to the vehicle
and traffic law in that upon approach of a motor vehicle with
appropriate indication of participation in a funeral procession, all
motor vehicles shall yield the right-of-way to such procession and
participants of such procession must proceed in a procession with
reasonable duty of care and yield to any emergency vehicle with its
lights or siren on.

Section 2 amends section 1129 of the vehicle and traffic law to
provide for civil penalty of up to one hundred dollars to the driver
of a motor vehicle that forcefully or otherwise enters space between
vehicles in a funeral procession.

JUSTIFICATION:
All too often funeral processions throughout the State of New York are
interrupted by aggressive drivers that cut into the procession to get
through traffic. This is not only dangerous to the drivers in the
procession but it is disrespectful to the deceased and the family of
the deceased. This legislation would impose a penalty to those
drivers that interfere with a funeral procession and help to ensure
the safety to all of the participants.

LEGISLATIVE HISTORY:
2009-10: S.2292/A.5163; Referred to Transportation

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately after becoming law.

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

                                  3329

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to  the  safety
  of funeral processions

  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 1144-b to read as follows:
  S 1144-B. OPERATION OF MOTOR VEHICLES ON APPROACH OF MOTOR VEHICLES IN
A FUNERAL PROCESSION. (A) UPON THE IMMEDIATE APPROACH OF A MOTOR VEHICLE
WHICH  (I) HAS A BLACK FLAG WITH THE WORD "FUNERAL" AFFIXED TO IT IN THE
MANNER PROVIDED FOR IN PARAGRAPH (FF) OF SUBDIVISION TWELVE-A OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, AND  (II)  HAS  "HAZARD"  OR
"FLASHING"  LIGHTS  TURNED  ON  AND OPERATING, THE DRIVER OF EVERY OTHER
MOTOR VEHICLE SHALL YIELD THE RIGHT-OF-WAY AND SHALL  IMMEDIATELY  DRIVE
TO  A  POSITION PARALLEL TO, AND AS CLOSE AS POSSIBLE TO, THE RIGHT-HAND
EDGE OF THE HIGHWAY, OR TO EITHER EDGE OF A  ONE-WAY  HIGHWAY  THREE  OR
MORE  LANES  IN  WIDTH,  CLEAR  OF  ANY INTERSECTION, AND SHALL STOP AND
REMAIN IN SUCH POSITION UNTIL THE MOTOR VEHICLE DISPLAYING SUCH FLAG HAS
PASSED, UNLESS OTHERWISE DIRECTED BY A POLICE OFFICER.
  (B) THIS SECTION SHALL NOT OPERATE TO RELIEVE THE DRIVER  OF  A  MOTOR
VEHICLE PARTICIPATING IN A BURIAL OR FUNERAL PROCESSION FROM THE DUTY TO
DRIVE WITH REASONABLE CARE FOR ALL PERSONS USING THE HIGHWAY.
  (C)  ANY  PERSON  OPERATING  A  MOTOR  VEHICLE  IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION SHALL YIELD THE RIGHT-OF-WAY TO AN AUTHORIZED
EMERGENCY VEHICLE ENGAGED IN  EMERGENCY  OPERATION  WITH  ITS  SIREN  OR
LIGHTS ACTIVATED.
  S 2. Subdivision (c) of section 1129 of the vehicle and traffic law is
amended to read as follows:
  (c) Motor vehicles being driven upon any roadway outside of a business
or  residence  district  in a caravan or motorcade whether or not towing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07627-01-1

S. 3329                             2

other vehicles shall be so operated as to allow sufficient space between
each such vehicle or combination of vehicles so as to enable  any  other
vehicle  to  enter  and occupy such space without danger. This provision
shall  not  apply  to  funeral  processions.   NOTWITHSTANDING ANY OTHER
PROVISION OF THIS SECTION, A DRIVER OF A MOTOR VEHICLE SHALL NOT  FORCE-
FULLY  OR  OTHERWISE ENTER THE SPACE BETWEEN MOTOR VEHICLES IN A FUNERAL
PROCESSION SO AS TO DISRUPT THE ORDERLY PROGRESSION AND MOVEMENT OF SAID
PROCESSION. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SUBDIVISION
SHALL BE PUNISHED BY A CIVIL FINE OF UP TO ONE HUNDRED DOLLARS.
  S 3. This act shall take effect immediately.

S3329A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4082A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1144-b, amd §1129, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S2292, A5163

S3329A (ACTIVE) - Bill Texts

view summary

Relates to the safety of funeral processions; provides that vehicles participating in funeral procession shall have the right-of-way; makes it illegal for any vehicle to forcefully enter spaces between vehicles in a procession; provides that vehicles entering a procession illegally shall be subject to a civil fine of up to $100; provides that drivers in a funeral procession must exercise reasonable duty of care and shall yield the right-of-way to emergency vehicles with siren or lights activated.

view sponsor memo
BILL NUMBER:S3329A

TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the safety
of funeral processions

PURPOSE:
This legislation would provide for civil penalty to an operator of a
motor vehicle that may fail to yield the right of way or that would
forcibly enter a funeral procession.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 1144-b to the vehicle and traffic law in
that upon approach of a motor vehicle with appropriate indication of
participation in a funeral procession, all motor vehicles shall yield
the right-of-way to such procession and participants of such
procession must proceed in a procession with reasonable duty of care
and yield to any emergency vehicle with its lights or siren on.

Section 2 amends section 1129 of the vehicle and traffic law to
provide for civil penalty of up to one hundred dollars to the driver
of a motor vehicle that forcefully or otherwise enters space between
vehicles in a funeral procession.

JUSTIFICATION:
All too often funeral processions throughout the State of New York are
interrupted by aggressive drivers that cut into the procession to get
through traffic. This is not only dangerous to the drivers in the
procession but it is disrespectful to the deceased and the family of
the deceased. This legislation would impose a penalty to those drivers
that interfere with a funeral procession and help to ensure the safety
to all of the participants.

LEGISLATIVE HISTORY:
2009-10: S.2292/A.5163; Referred to Transportation

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately after becoming law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3329--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule 6, sec. 8 -- committee discharged and said bill committed to  the
  Committee  on  Rules  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  the  safety
  of funeral processions

  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 1144-b to read as follows:
  S 1144-B. OPERATION OF MOTOR VEHICLES ON APPROACH OF MOTOR VEHICLES IN
A FUNERAL PROCESSION. (A) UPON THE IMMEDIATE APPROACH OF A MOTOR VEHICLE
WHICH  HAS  A  BLACK  FLAG  WITH THE WORD "FUNERAL" AFFIXED TO IT IN THE
MANNER PROVIDED FOR IN PARAGRAPH (FF) OF SUBDIVISION TWELVE-A OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE DRIVER  OF  EVERY  OTHER
MOTOR  VEHICLE  SHALL YIELD THE RIGHT-OF-WAY AND SHALL IMMEDIATELY DRIVE
TO A POSITION PARALLEL TO, AND AS CLOSE AS POSSIBLE TO,  THE  RIGHT-HAND
EDGE  OF  THE  HIGHWAY,  OR TO EITHER EDGE OF A ONE-WAY HIGHWAY THREE OR
MORE LANES IN WIDTH, CLEAR OF  ANY  INTERSECTION,  AND  SHALL  STOP  AND
REMAIN IN SUCH POSITION UNTIL THE MOTOR VEHICLE DISPLAYING SUCH FLAG HAS
PASSED, UNLESS OTHERWISE DIRECTED BY A POLICE OFFICER.
  (B)  THIS  SECTION  SHALL NOT OPERATE TO RELIEVE THE DRIVER OF A MOTOR
VEHICLE PARTICIPATING IN A BURIAL OR FUNERAL PROCESSION FROM THE DUTY TO
DRIVE WITH REASONABLE CARE FOR ALL PERSONS USING THE HIGHWAY.
  (C) ANY PERSON OPERATING  A  MOTOR  VEHICLE  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS SECTION SHALL YIELD THE RIGHT-OF-WAY TO AN AUTHORIZED
EMERGENCY  VEHICLE  ENGAGED  IN  EMERGENCY  OPERATION  WITH ITS SIREN OR
LIGHTS ACTIVATED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07627-03-2

S. 3329--A                          2

  S 2. Subdivision (c) of section 1129 of the vehicle and traffic law is
amended to read as follows:
  (c) Motor vehicles being driven upon any roadway outside of a business
or  residence  district  in a caravan or motorcade whether or not towing
other vehicles shall be so operated as to allow sufficient space between
each such vehicle or combination of vehicles so as to enable  any  other
vehicle  to  enter  and occupy such space without danger. This provision
shall not apply to  funeral  processions.    NOTWITHSTANDING  ANY  OTHER
PROVISION  OF THIS SECTION, A DRIVER OF A MOTOR VEHICLE SHALL NOT FORCE-
FULLY OR OTHERWISE ENTER THE SPACE BETWEEN MOTOR VEHICLES IN  A  FUNERAL
PROCESSION SO AS TO DISRUPT THE ORDERLY PROGRESSION AND MOVEMENT OF SAID
PROCESSION.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION
SHALL BE PUNISHED BY A CIVIL FINE OF UP TO ONE HUNDRED DOLLARS.
  S 3. This act shall take effect immediately.

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