senate Bill S376

2013-2014 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
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S376 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1144-b, amd §1129, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3329A
2009-2010: S2292

S376 - Bill Texts

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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.

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BILL NUMBER:S376

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
2011-12: S.3329/A.4082; 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
________________________________________________________________________

                                   376

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  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.
  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.
                                                           LBD02421-01-3

S. 376                              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.

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