NY State Senate Bill S5897

senate Bill S5897

2017-2018 Legislative Session

Relates to increasing the fines associated with passing a stopped school bus by certain vehicles

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Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2018	referred to codes
Jun 20, 2018	delivered to assembly passed senate
Jun 18, 2018	ordered to third reading cal.1842 committee discharged and committed to rules
May 31, 2018	print number 5897a
May 31, 2018	amend and recommit to transportation
Jan 03, 2018	referred to transportation returned to senate died in assembly
Jun 15, 2017	referred to transportation delivered to assembly passed senate
Jun 14, 2017	ordered to third reading cal.1655 committee discharged and committed to rules
May 05, 2017	referred to transportation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S5897 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1174, V & T L

S5897 - Summary

Relates to increasing the fines associated with passing a stopped school bus by commercial motor vehicles.

S5897 - Sponsor Memo

 BILL NUMBER:  S5897                REVISED MEMO 05/31/2017

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to increasing and modifying the penalties associated with
passing a stopped school bus by certain vehicles

 PURPOSE :

To double the fines imposed on violators of section 1174, title 7,
article 29, of the state Vehicle and Traffic Law who violate that
statute while driving certain kinds of large vehicles.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 1174, title 7, article 29, of the state
Vehicle and Traffic Law by doubling the penalty assessed when certain
types of vehicles pass a stopped school bus.

Section 2: States that the act shall take effect ninety days after
this bill shall have become law.

 JUSTIFICATION :

Our State's children are endangered every day by motorists who fail to
stop for school buses that have their red lights flashing to indicate
that children are boarding or leaving the bus. Data suggests that

there may be tens of thousands of instances per month where drivers
illegally pass a stopped school bus statewide. Such acts endanger our
children. To reduce the safety problem of illegal passing of stopped
school buses the section of the Vehicle and Traffic law that makes
this act illegal must be given bigger teeth. The special hazard posed
to pedestrians by larger vehicles is no less severe when that
pedestrian is a child boarding or leaving a school bus. Should such a
vehicle, while illegally attempting to pass a stopped school bus,
collide with a pedestrian, school child, other vehicles, or the school
bus itself the damage could be catastrophic. The drivers of large
vehicles should always take extra care on the road. By subjecting
drivers that illegally pass a stopped school bus while driving a large
vehicle to higher penalties, we can potentially curb such unsafe
behavior.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect within 90 days.

S5897 - Bill Text download pdf

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

                                  5897

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sen. RITCHIE -- 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  increasing
  and  modifying  the penalties associated with passing a stopped school
  bus by certain vehicles

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

  Section  1. Subdivision (c) of section 1174 of the vehicle and traffic
law, as amended by chapter 254 of the laws of 2002, is amended  to  read
as follows:
  (c)  Every  person convicted of a violation of subdivision (a) of this
section shall: for a first conviction thereof, be punished by a fine  of
not  less  than  two  hundred  fifty  dollars nor more than four hundred
dollars or by imprisonment for not more than thirty days or by both such
fine and imprisonment; for a conviction of a second violation,  both  of
which  were  committed within a period of three years, such person shall
be punished by a fine of not less than six hundred dollars nor more than
seven hundred fifty dollars or by imprisonment for  not  more  than  one
hundred  eighty  days  or  by  both  such  fine and imprisonment; upon a
conviction of a third or subsequent violation, all of which were commit-
ted within a period of three years, such person shall be punished  by  a
fine  of  not  less  than  seven hundred fifty dollars nor more than one
thousand dollars or by imprisonment for not more than one hundred eighty
days or by both such fine and imprisonment.  THE PRESCRIBED MINIMUM  AND
MAXIMUM  VALUES FOR FINES UNDER THIS SUBDIVISION SHALL BE DOUBLED IF THE
OFFENSE WAS COMMITTED WHILE DRIVING A MOTOR VEHICLE  OR  COMBINATION  OF
VEHICLES DESIGNED OR USED TO TRANSPORT PROPERTY OR PASSENGERS:
  1. WHICH HAS A GVWR OF MORE THAN TWENTY-SIX THOUSAND POUNDS;
  2. WHICH HAS A GCWR OF MORE THAN TWENTY-SIX THOUSAND POUNDS, INCLUDING
ANY TOWED UNIT WITH A GVWR OF MORE THAN TEN THOUSAND POUNDS;
  3. TOTALING AT LEAST FIFTEEN INDIVIDUALS, IN ADDITION TO THE DRIVER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11440-01-7

S. 5897                             2

  4.  DEFINED AS A BUS IN SUBDIVISION ONE OF SECTION FIVE HUNDRED NINE-A
OF THIS CHAPTER; OR
  5.  OF ANY SIZE, OTHER THAN A FARM VEHICLE OPERATED WITHIN ONE HUNDRED
FIFTY MILES OF THE OPERATOR'S FARM, USED IN THE TRANSPORTATION OF  MATE-
RIALS  FOUND  BY  THE  UNITED  STATES  SECRETARY OF TRANSPORTATION TO BE
HAZARDOUS UNDER THE HAZARDOUS MATERIALS  TRANSPORTATION  ACT  AND  WHICH
REQUIRES  THE  MOTOR VEHICLE TRANSPORTING SUCH MATERIALS TO BE PLACARDED
UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F  OR
IS  TRANSPORTING  ANY QUANTITY OF A MATERIAL LISTED AS A SELECT AGENT OR
TOXIN IN 42 CFR PART 73.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

S5897A (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1174, V & T L

S5897A (ACTIVE) - Summary

Relates to increasing the fines associated with passing a stopped school bus by commercial motor vehicles.

S5897A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5897A

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to increasing and modifying the penalties associated with
passing a stopped school bus by certain vehicles

 PURPOSE :

To establish higher fines imposed on violators of section 1174, title
7, article 29, of the state Vehicle and Traffic Law who violate that
statute while driving certain kinds of large vehicles.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 1174, title 7, article 29, of the state
Vehicle and Traffic Law by establishing specific penalties to be
assessed when certain types of vehicles pass a stopped school bus.

Section 2: States that the act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

 JUSTIFICATION :

Our State's children are endangered every day by motorists who fail to
stop for school buses that have their red lights flashing to indicate
that children are boarding or leaving the bus. Data suggests that

there may be tens of thousands of instances per month where drivers
illegally pass a stopped school bus statewide. Such acts endanger our
children. To reduce the safety problem of illegal passing of stopped
school buses the section of the Vehicle and Traffic law that makes
this act illegal must be given bigger teeth. The special hazard posed
to pedestrians by larger vehicles is no less severe when that
pedestrian is a child boarding or leaving a school bus. Should such a
vehicle, while illegally attempting to pass a stopped school bus,
collide with a pedestrian, school child, other vehicles, or the school
bus itself the damage could be catastrophic. The drivers of large
vehicles should always take extra care on the road. By subjecting
drivers that illegally pass a stopped school bus while driving a large
vehicle to higher penalties, we can potentially curb such unsafe
behavior.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.  Effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

S5897A (ACTIVE) - Bill Text download pdf

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

                                 5897--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the vehicle and traffic law, in relation to increasing
  and modifying the penalties associated with passing a  stopped  school
  bus by certain vehicles

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

  Section 1. Subdivision (c) of section 1174 of the vehicle and  traffic
law,  as  amended by chapter 254 of the laws of 2002, is amended to read
as follows:
  (c) [Every] 1. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH TWO  OF  THIS
SUBDIVISION, EVERY person convicted of a violation of subdivision (a) of
this  section  shall:  for  a first conviction thereof, be punished by a
fine of not less than two hundred  fifty  dollars  nor  more  than  four
hundred  dollars  or by imprisonment for not more than thirty days or by
both such fine and imprisonment; for a conviction of a second violation,
both of which were committed within a period of three years, such person
shall be punished by a fine of not less than  six  hundred  dollars  nor
more  than  seven  hundred fifty dollars or by imprisonment for not more
than one hundred eighty days or by both such fine and imprisonment; upon
a conviction of a third or  subsequent  violation,  all  of  which  were
committed  within a period of three years, such person shall be punished
by a fine of not less than seven hundred fifty dollars nor more than one
thousand dollars or by imprisonment for not more than one hundred eighty
days or by both such fine and imprisonment.
  2. EVERY PERSON CONVICTED OF A VIOLATION OF SUBDIVISION  (A)  OF  THIS
SECTION  WHILE  OPERATING  A COMMERCIAL MOTOR VEHICLE SHALL: FOR A FIRST
CONVICTION THEREOF, BE PUNISHED BY A FINE OF NOT LESS THAN THREE HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11440-05-8

S. 5897--A                          2

DOLLARS NOR MORE THAN FOUR HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR  NOT
MORE  THAN  THIRTY  DAYS  OR  BY  BOTH SUCH FINE AND IMPRISONMENT; FOR A
CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN  A
PERIOD  OF  THREE  YEARS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT
LESS THAN SIX HUNDRED FIFTY DOLLARS NOR MORE THAN  SEVEN  HUNDRED  FIFTY
DOLLARS  OR BY IMPRISONMENT FOR NOT MORE THAN ONE HUNDRED EIGHTY DAYS OR
BY BOTH SUCH FINE AND IMPRISONMENT; UPON A  CONVICTION  OF  A  THIRD  OR
SUBSEQUENT  VIOLATION,  ALL  OF  WHICH WERE COMMITTED WITHIN A PERIOD OF
THREE YEARS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF  NOT  LESS  THAN
EIGHT HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS OR BY IMPRISON-
MENT  FOR NOT MORE THAN ONE HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND
IMPRISONMENT. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "COMMERCIAL MOTOR
VEHICLE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SUBDIVI-
SION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.  Effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized to be made and completed on or before such effective date.

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The New York State Senate

senate Bill S5897

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 20, 2018 - floor Vote

Floor Vote: Jun 20, 2018

Jun 18, 2018 - Rules committee Vote

Committee Vote: Jun 18, 2018

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Bill Amendments

S5897 - Details

S5897 - Summary

S5897 - Sponsor Memo

S5897 - Bill Text download pdf

S5897A (ACTIVE) - Details

S5897A (ACTIVE) - Summary

S5897A (ACTIVE) - Sponsor Memo

S5897A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5897

Share this bill

Sponsored By

Patty Ritchie

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 20, 2018 - floor Vote

Floor Vote: Jun 20, 2018

Jun 18, 2018 - Rules committee Vote

Committee Vote: Jun 18, 2018

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Bill Amendments

S5897 - Details

S5897 - Summary

S5897 - Sponsor Memo

S5897 - Bill Text download pdf

S5897A (ACTIVE) - Details

S5897A (ACTIVE) - Summary

S5897A (ACTIVE) - Sponsor Memo

S5897A (ACTIVE) - Bill Text download pdf

Comments