|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to transportation|
|Apr 29, 2011||referred to transportation|
senate Bill S4897
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4897 - Details
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Add §225-a, amd §§226, 227 & 1174, V & T L; amd §§120.00 & 125.10, Pen L
- Versions Introduced in 2009-2010 Legislative Session:
S4897 - Summary
Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when such violation is captured on a camera or observed by a school bus driver; authorizes the use of photographic evidence in the prosecution of such infraction; includes within the class A misdemeanor of assault in the third degree, the causation of physical injury to another person while passing or overtaking a stopped school bus; includes within the class E felony of criminally negligent homicide, the causation of death to another person while passing or overtaking a stopped school bus.
S4897 - Sponsor Memo
BILL NUMBER:S4897 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the liability of owners of motor vehicles used to overtake or pass a stopped school bus receiving or discharging passengers and authorizing the use of photographic evidence in the prosecution of such traffic infraction; and to amend the penal law, in relation to assault in the third degree and criminally negligent homicide PURPOSE: This legislation makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when violation is on camera or observed. JUSTIFICATION: The Vehicle and Traffic Law requires that all motorists stop for a school bus with its red lights illuminated indicating that it is picking up or discharging students. Current estimates indicate that motorists illegally pass a stopped school bus more than 75,000 times per day which places our children at risk of injury or even death. Illegally passing motorists have been responsible for killing two of New York's children in the past four years and several more children have been injured as a result.
S4897 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4897 2011-2012 Regular Sessions I N S E N A T E April 29, 2011 ___________ Introduced by Sen. BALL -- 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 liabil- ity of owners of motor vehicles used to overtake or pass a stopped school bus receiving or discharging passengers and authorizing the use of photographic evidence in the prosecution of such traffic infrac- tion; and to amend the penal law, in relation to assault in the third degree and criminally negligent homicide 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 225-a to read as follows: S 225-A. OWNERSHIP AND OPERATION OF VEHICLES; LIABILITY FOR PASSING OR OVERTAKING STOPPED SCHOOL BUS. 1. DEFINITIONS. WHENEVER USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "OWNER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO AT THE TIME OF THE ISSUANCE OF A NOTICE OF VIOLATION: (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF A VEHICLE; OR (2) HAS TITLE TO A VEHICLE; OR (3) IS THE REGISTRANT OR CO-REGISTRANT OF A VEHICLE WHICH IS REGIS- TERED WITH THE DEPARTMENT OR THE DEPARTMENT OF MOTOR VEHICLES OF ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDIC- TION; OR (4) USES A VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR (5) IS AN OWNER OF A VEHICLE AS DEFINED BY SECTION ONE HUNDRED TWEN- TY-EIGHT OF THIS CHAPTER. B. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS- ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07852-01-1
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