S T A T E O F N E W Y O R K
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2478
2013-2014 Regular Sessions
I N A S S E M B L Y
January 15, 2013
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Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
V. LOPEZ, ROBINSON -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to transporta-
tion of animals in a motor vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that
animals riding unrestrained or inadequately restrained in open compart-
ments of motor vehicles are injured and killed when they fall or jump
from such vehicles, when they are thrown from the vehicle and hit by
oncoming traffic, and when they are strangled or dragged beneath the
vehicle in which they were travelling. In addition to the obvious safety
threat to animals posed by this mode of transportation, animals riding
in this manner pose a substantial threat to the safety of drivers and
passengers in other vehicles, as well as pedestrians. An animal that
jumps or is thrown from a motor vehicle creates a traffic hazard which
even the most careful and astute driver may be unable to avoid. Drivers
and passengers can be injured or killed when an animal ejected from
another vehicle hits their windshield or forces them to drive in an
erratic fashion to avoid a collision. Pedestrians are at obvious risk as
well as vulnerable victims of these sorts of traffic disturbances.
S 2. The vehicle and traffic law is amended by adding a new section
1222-a to read as follows:
S 1222-A. TRANSPORTATION OF ANIMALS; ENCLOSURE AND RESTRAINT. 1. NO
PERSON SHALL OPERATE A MOTOR VEHICLE ON A PUBLIC HIGHWAY WHILE TRANS-
PORTING AN ANIMAL IN AN OPEN, UNCOVERED AREA OF SUCH VEHICLE WHEN SUCH
AREA IS INTENDED FOR ANY LOAD, UNLESS:
(A) SUCH AREA IS ENTIRELY ENCLOSED WITH SIDE AND TAIL RACKS TO A
HEIGHT SUFFICIENT TO ENSURE THAT THE ANIMAL CANNOT FALL, BE THROWN OR
JUMP FROM THE MOTOR VEHICLE, BUT IN NO CASE SHALL SUCH RACK BE LESS THAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05878-01-3
A. 2478 2
FORTY-SIX INCHES EXTENDING VERTICALLY FROM THE FLOOR OF THE OPEN AREA TO
THE TOP OF THE RACKS; OR
(B) SUCH ANIMAL IS SECURED IN A CAGE OR OTHER CONTAINER WHICH PROVIDES
SUFFICIENT VENTILATION, PROTECTION FROM THE ELEMENTS AND ADEQUATE SPACE
TO ENSURE THE SAFETY AND COMFORT OF THE ANIMAL, AND THAT PREVENTS SUCH
ANIMAL FROM BEING THROWN, FALLING FROM OR JUMPING FROM THE MOTOR VEHI-
CLE. SUCH CAGE OR CONTAINER SHALL BE SECURED TO THE MOTOR VEHICLE IN
SUCH A MANNER AS TO PREVENT IT FROM FALLING FROM SUCH VEHICLE OR FROM
MOVING IN SUCH VEHICLE IN A MANNER WHICH CREATES A SUBSTANTIAL RISK OF
INJURY TO THE ANIMAL TRANSPORTED THEREIN.
2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION SHALL BE PUNISHED BY A CIVIL FINE OF NOT LESS THAN TWENTY-FIVE
NOR MORE THAN SEVENTY-FIVE DOLLARS.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.