Bill S4409-2011

Requires persons operating a vessel be obedient to law enforcement vessels displaying a flashing, revolving or oscillating blue light

Requires that persons operating a vessel be obedient to law enforcement vessels displaying a flashing, revolving or oscillating blue light.

Details

Actions

  • Jan 4, 2012: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • Apr 4, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Memo

BILL NUMBER:S4409

TITLE OF BILL:

An act to amend the navigation law, in relation to obedience to law enforcement vessels

PURPOSE OR GENERAL IDEA OF BILL:

Any person operating a vessel who is approaching, overtaking, being approached, or being overtaken by a law enforcement vessel, using an audible signal device or flashing blue light, or any vessel approaching a stationary law enforcement vessel displaying flashing blue lights, shall immediately slow to a speed sufficient to maintain steerage only, shall alter its course, within its ability, so as not to inhibit or interfere with the operation of the law enforcement vessel, and shall proceed unless otherwise directed by an officer in the law enforcement vessel, at a reduced speed until beyond the law enforcement vessel.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the Navigation Law by adding a new §201-a which states any person being approached be a law enforcement vessel shall immediately slow to a speed sufficient to maintain steerage only and shall alter its course within its ability and shall proceed as directed by enforcement vessel.

Paragraph 2 of §201-a establishes a fine of not more then two hundred dollars, or imprisonment for not more then seven days or both for a violation of this section.

Section 2 of the bill is the enacting clause.

JUSTIFICATION:

It is the intent of this new statute to insure the safety of the public, and any law enforcement officer, during the operation of said type of vessel. This statute is justified as currently there are no statutes in the New York State Navigation Law or the Vehicle & Traffic Law, specifically dealing with this topic.

PRIOR LEGISLATIVE HISTORY:

2009-10: S.3672 Cultural Affairs, Tourism, Parks & Recreation Cmte. 2008: S.7480 Tourism, Recreation and Sports Development Cmte.

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4409 2011-2012 Regular Sessions IN SENATE April 4, 2011 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the navigation law, in relation to obedience to law enforcement vessels THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The navigation law is amended by adding a new section 201-a to read as follows: S 201-A. OBEDIENCE TO LAW ENFORCEMENT VESSELS DISPLAYING A FLASHING, REVOLVING, OR OSCILLATING BLUE LIGHT. 1. ANY PERSON OPERATING A VESSEL WHO IS APPROACHING, OVERTAKING, BEING APPROACHED, OR BEING OVERTAKEN BY A LAW ENFORCEMENT VESSEL USING AUDIBLE SIGNAL DEVICE OR FLASHING BLUE LIGHT, OR ANY VESSEL APPROACHING A STATIONARY LAW ENFORCEMENT VESSEL DISPLAYING FLASHING BLUE LIGHTS: (A) SHALL IMMEDIATELY SLOW TO A SPEED SUFFICIENT TO MAINTAIN STEERAGE ONLY; (B) SHALL ALTER ITS COURSE WITHIN ITS ABILITY, SO AS NOT TO INHIBIT OR INTERFERE WITH THE OPERATION OF THE LAW ENFORCEMENT VESSEL; AND (C) SHALL PROCEED UNLESS OTHERWISE DIRECTED BY AN OFFICER IN THE LAW ENFORCEMENT VESSEL, AT A REDUCED SPEED UNTIL THE PERSON IS BEYOND THE LAW ENFORCEMENT VESSEL. 2. ANY PERSON WHO WILLFULLY OR NEGLIGENTLY INHIBITS OR INTERFERES WITH ANY LAW ENFORCEMENT VESSEL WHILE ON THE WAY TO AN EMERGENCY CALL OR IN THE PURSUIT OF FLEEING VIOLATORS, SHALL BE SUBJECT TO A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN SEVEN DAYS OR BOTH. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus