senate Bill S5730

Signed By Governor
2013-2014 Legislative Session

Provides that Saturday and Sundays shall not be included in the grace period for repairs of defective motor vehicle equipment

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.302
Jul 19, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
ordered to third reading rules cal.316
substituted for a5470a
Jun 17, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1406
committee discharged and committed to rules
Jun 10, 2013 referred to transportation

Votes

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S5730 - Bill Details

See Assembly Version of this Bill:
A5470A
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง376-a, V & T L

S5730 - Bill Texts

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Provides that Saturday and Sunday shall not be included in the grace period for repairs of defective motor vehicle equipment.

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BILL NUMBER:S5730

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the period for the repair of defective equipment

PURPOSE: This bill extends the period to repair defective equipment
on their motor vehicle to include Saturdays.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 4 of Section 376-a of the
vehicle and traffic law to provide that a Saturday shall not be
considered a "business day" for the purposes of the subdivision

Section 2 of the bill is the effective date.

JUSTIFICATION: The existing statutory provision creates an impossible
situation for a religiously observant person who observes Sabbath and
who is charged with a violation of defective equipment to comply with
the law.

Under current law, a person charged with a violation of defective
equipment is required to correct the violation no later than one-half
hour after sunset on the first full business day after the issuance of
the summons. The current definition of "business day" in subdivision 4
of section 376-a of the vehicle and traffic law excludes various
Federal holidays and Sunday but does not exclude Saturday.

There are instances where an individual who receives a summons for a
defective equipment is unable, because of the individual's religious
observance of Sabbath, to correct the problem within the current
permitted time of one-half hour after sunset on the first full
"business day" after the issuance of the summons. For example, a
person receiving a summons for defective equipment on late Friday
afternoon may not be able to make repairs until Sunday because of the
person's religious observance.

This measure would remedy this oversight.

LEGISLATIVE HISTORY:. None

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately

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

                                  5730

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen.  FELDER -- 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  period
  for the repair of defective equipment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 376-a of the vehicle  and  traffic
law,  as  amended by chapter 856 of the laws of 1990, is amended to read
as follows:
  4. Any complaint issued for any violation  of  section  three  hundred
seventy-five,  three  hundred seventy-six or three hundred eighty-one of
this  article  relative  to  required  equipment,  except  a   violation
described in subdivision two of this section, subdivision forty-seven of
section  three  hundred  seventy-five  of this article, and except for a
violation relating to service brakes, shall be dismissed  by  the  court
before  which the summons is returnable if the violation as set forth in
the summons is corrected not later than one-half hour  after  sunset  on
the  first full business day after the issuance of the summons and proof
of such correction as set forth in subdivision five of this  section  is
submitted  to the court. For the purposes of this subdivision, "business
day" shall mean any calendar day except  SATURDAY  AND  Sunday,  or  the
following  business  holidays:  New  Year's  Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans'  Day,
Thanksgiving Day, and Christmas Day.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09301-04-3

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