Provides that Saturday and Sunday shall not be included in the grace period for repairs of defective motor vehicle equipment.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Gipson
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the period for the repair of defective equipment
PURPOSE: This bill extends the period to repair defective equipment on their motor vehicle to include Saturdays.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Subdivision 4 of Section 376-a of the vehicle and traffic law to provide that a Saturday shall not be considered a "business day" for the purposes of the subdivision
Section 2 of the bill is the effective date.
JUSTIFICATION: The existing statutory provision creates an impossible situation for a religiously observant person who observes Sabbath and who is charged with a violation of defective equipment to comply with the law.
Under current law, a person charged with a violation of defective equipment is required to correct the violation no later than one-half hour after sunset on the first full business day after the issuance of the summons. The current definition of "business day" in subdivision 4 of section 376-a of the vehicle and traffic law excludes various Federal holidays and Sunday but does not exclude Saturday.
There are instances where an individual who receives a summons for a defective equipment is unable, because of the individual's religious observance of Sabbath, to correct the problem within the current permitted time of one-half hour after sunset on the first full "business day" after the issuance of the summons. For example, a person receiving a summons for defective equipment on late Friday afternoon may not be able to make repairs until Sunday because of the person's religious observance.
This measure would remedy this oversight.
LEGISLATIVE HISTORY:. None
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 5730 2013-2014 Regular Sessions IN SENATE June 10, 2013 ___________Introduced by Sen. FELDER -- 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 period for the repair of defective equipment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 376-a of the vehicle and traffic law, as amended by chapter 856 of the laws of 1990, is amended to read as follows: 4. Any complaint issued for any violation of section three hundred seventy-five, three hundred seventy-six or three hundred eighty-one of this article relative to required equipment, except a violation described in subdivision two of this section, subdivision forty-seven of section three hundred seventy-five of this article, and except for a violation relating to service brakes, shall be dismissed by the court before which the summons is returnable if the violation as set forth in the summons is corrected not later than one-half hour after sunset on the first full business day after the issuance of the summons and proof of such correction as set forth in subdivision five of this section is submitted to the court. For the purposes of this subdivision, "business day" shall mean any calendar day except SATURDAY AND Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09301-04-3