S T A T E O F N E W Y O R K
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2458
2017-2018 Regular Sessions
I N A S S E M B L Y
January 20, 2017
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Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
COOK -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enacting the
Open Driveway Act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Open
Driveway Act".
§ 2. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 16 to read as follows:
16. (A) TO PROMULGATE ANY RULES AND REGULATIONS WHERE TITLE OF REAL
PROPERTY PROVIDES FOR A COMMON ACCESS WAY INCLUDING BUT NOT LIMITED TO,
A DRIVEWAY OR ALLEY, BLOCKING OF THE ALLEYWAY OR DRIVEWAY BY ONE PARTY
WITHOUT THE CONSENT OF THE OTHER, OR BY ANOTHER PERSON WITHOUT THE
CONSENT OF BOTH PARTIES, AND IN THE CASE OF AN ALLEYWAY, THE ACT OF
BLOCKING SHALL BE SUBJECT TO LOCAL PARKING REGULATIONS AS APPLIES TO A
PUBLIC STREET OR ROADWAY ON THE FILING OF A COMPLAINT BY ONE OR ANY OF
THE PARTIES WHO HOLDS A TITLE OF OWNERSHIP.
(B) FOR THE PURPOSES OF THIS SECTION, "BLOCKING" SHALL MEAN THE PARK-
ING, LEAVING OR STANDING OF A MOTOR VEHICLE OR OTHER OBJECT OR OBSTACLE
IN THE DRIVEWAY OR ALLEYWAY IN SUCH A MANNER THAT A CLEAR PASSAGEWAY IS
NOT AVAILABLE FOR ACCESS AND EGRESS OF ANY OTHER AUTOMOBILE AUTHORIZED
TO USE SUCH DRIVEWAY OR ALLEYWAY, OR GARAGES OR PARKING SPACES ACCESSED
THROUGH SUCH DRIVEWAY OR ALLEYWAY.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08403-01-7