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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S3329-2011 Actions

• May 30, 2012: PRINT NUMBER 3329A
• May 30, 2012: AMEND AND RECOMMIT TO RULES
• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Feb 16, 2011: REFERRED TO TRANSPORTATION

S3329-2011 Memo

BILL NUMBER:S3329

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

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately after becoming law.

S3329-2011 Text

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

                                    3329

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 16, 2011
                                 ___________

  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  (I) 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, AND  (II)  HAS  "HAZARD"  OR
  "FLASHING"  LIGHTS  TURNED  ON  AND OPERATING, 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.
                                                             LBD07627-01-1

 S. 3329                             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.