senate Bill S4409

2011-2012 Legislative Session

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

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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
Jan 04, 2012 referred to cultural affairs, tourism, parks and recreation
Apr 04, 2011 referred to cultural affairs, tourism, parks and recreation

S4409 - Bill Details

Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Navigation Law
Laws Affected:
Add §201-a, Nav L
Versions Introduced in 2009-2010 Legislative Session:
S3672

S4409 - Bill Texts

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

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BILL NUMBER:S4409

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:

2009-10: S.3672 Cultural Affairs, Tourism, Parks & Recreation Cmte.
2008: S.7480 Tourism, Recreation and Sports Development Cmte.

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

Immediately.


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

                                  4409

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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.
                                                           LBD10605-01-1

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