S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2827
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1222-a to read as follows:
   §  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.
                                                            LBD03893-01-7
              

 A. 2827                             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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.