Establishes the traffic infraction of interference with a funeral procession.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to interference with a funeral procession
SUMMARY OF SPECIFIC PROVISIONS: The vehicle and traffic law is amended by adding new section 1132 which states that a driver of a motor vehicle shall be subject to a fine of no more than fifty dollars for the infraction of entering the single file line of traffic constituting a funeral procession marked by motor vehicles displaying their headlights and hazard lights.
JUSTIFICATION: Too often, the grieving parties in a motor vehicle funeral procession have their anguish exacerbated by other motorists that cut-off or otherwise interrupt the funeral procession.
The disruptions are not only hurtful, annoying and disrespectful, but also pose serious safety hazards that threaten the wellbeing of those in or near the procession.
This legislation would allow those who are grieving to have the peace of mind and comfort they deserve in their time of need by guaranteeing the integrity of the procession while ensuring the safety of those in the vicinity.
PRIOR LEGISLATIVE HISTORY: 2012: Senate Bill 2526 (Gianaris) - Died in Senate Transportation Committee 2012: Assembly Bill 4907 (Simotas) - Died in Assembly Transportation Committee 2010: Assembly Bill 5342 (Gianaris) - Died in Assembly Transportation Committee 2008: Assembly Bill 10394-A (Gianaris) - Died in Assembly Transportation Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act will take effect on the first of September next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 604 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GIANARIS -- 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 interference with a funeral procession 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 1132 to read as follows: S 1132. INTERFERENCE WITH A FUNERAL PROCESSION. (A) THE DRIVER OF A MOTOR VEHICLE SHALL NOT ENTER, DRIVE BETWEEN, OBSTRUCT, HINDER OR IN ANY WAY INTERFERE WITH THE VEHICLES CONSTITUTING A FUNERAL PROCESSION WHILE SUCH VEHICLES ARE IN MOTION UNLESS SUCH MOTOR VEHICLE IS PART OF SUCH PROCESSION, EXCEPT WHEN AUTHORIZED TO DO SO BY A POLICE OFFICER OR WHEN SUCH MOTOR VEHICLE IS AN AUTHORIZED EMERGENCY VEHICLE EXHIBITING A VISI- BLE SIGNAL AND SOUNDING AN AUDIBLE SIGNAL. (B) ANY PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (A) OF THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION AND SUBJECT TO A FINE OF NOT MORE THAN FIFTY DOLLARS. THE COMMISSIONER SHALL NOT ASSESS ANY POINTS AGAINST THE LICENSE OF A PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION. (C) NO PROVISION OF THIS SECTION SHALL BE DEEMED TO IMPOSE ANY LIABIL- ITY FOR PERSONAL INJURY OR DAMAGES RESULTING FROM A VIOLATION OF THIS SECTION UPON A FUNERAL FIRM OR ANY PERSON LICENSED OR REGISTERED PURSU- ANT TO ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR AGENT THEREOF, WHEN SUCH FIRM, PERSON, EMPLOYEE OR AGENT IS ACTING WITH- IN THE SCOPE OF HIS, HER OR ITS DUTIES. NOR SHALL ANY PROVISION OF THIS SECTION BE DEEMED TO LIMIT THE LIABILITY OF ANY FUNERAL FIRM OR ANY PERSON LICENSED OR REGISTERED PURSUANT TO ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR AGENT THEREOF, PURSUANT TO ANY OTHER PROVISION OF LAW OR AT EQUITY. S 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01534-01-3