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S01495 Summary:

BILL NO    S01495 

SAME AS    No same as 

SPONSOR    KENNEDY

COSPNSR    

MLTSPNSR   

Add S1144-b, amd S1129, V & T L

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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S01495 Text:

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

                                         1495

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                   January 13, 2015
                                      ___________

       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:

    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1144-b to read as follows:
    3    S 1144-B. OPERATION OF MOTOR VEHICLES ON APPROACH OF MOTOR VEHICLES IN
    4  A FUNERAL PROCESSION. (A) UPON THE IMMEDIATE APPROACH OF A MOTOR VEHICLE
    5  WHICH  HAS  A  BLACK  FLAG  WITH THE WORD "FUNERAL" AFFIXED TO IT IN THE
    6  MANNER PROVIDED FOR IN PARAGRAPH (FF) OF SUBDIVISION TWELVE-A OF SECTION
    7  THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE DRIVER  OF  EVERY  OTHER
    8  MOTOR  VEHICLE  SHALL YIELD THE RIGHT-OF-WAY AND SHALL IMMEDIATELY DRIVE
    9  TO A POSITION PARALLEL TO, AND AS CLOSE AS POSSIBLE TO,  THE  RIGHT-HAND
   10  EDGE  OF  THE  HIGHWAY,  OR TO EITHER EDGE OF A ONE-WAY HIGHWAY THREE OR
   11  MORE LANES IN WIDTH, CLEAR OF  ANY  INTERSECTION,  AND  SHALL  STOP  AND
   12  REMAIN IN SUCH POSITION UNTIL THE MOTOR VEHICLE DISPLAYING SUCH FLAG HAS
   13  PASSED, UNLESS OTHERWISE DIRECTED BY A POLICE OFFICER.
   14    (B)  THIS  SECTION  SHALL NOT OPERATE TO RELIEVE THE DRIVER OF A MOTOR
   15  VEHICLE PARTICIPATING IN A BURIAL OR FUNERAL PROCESSION FROM THE DUTY TO
   16  DRIVE WITH REASONABLE CARE FOR ALL PERSONS USING THE HIGHWAY.
   17    (C) ANY PERSON OPERATING  A  MOTOR  VEHICLE  IN  ACCORDANCE  WITH  THE
   18  PROVISIONS OF THIS SECTION SHALL YIELD THE RIGHT-OF-WAY TO AN AUTHORIZED
   19  EMERGENCY  VEHICLE  ENGAGED  IN  EMERGENCY  OPERATION  WITH ITS SIREN OR
   20  LIGHTS ACTIVATED.
   21    S 2. Subdivision (c) of section 1129 of the vehicle and traffic law is
   22  amended to read as follows:
   23    (c) Motor vehicles being driven upon any roadway outside of a business
   24  or residence district in a caravan or motorcade whether  or  not  towing
   25  other vehicles shall be so operated as to allow sufficient space between

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03206-01-5
       S. 1495                             2

    1  each  such  vehicle or combination of vehicles so as to enable any other
    2  vehicle to enter and occupy such space without  danger.  This  provision
    3  shall  not  apply  to  funeral  processions.   NOTWITHSTANDING ANY OTHER
    4  PROVISION  OF THIS SECTION, A DRIVER OF A MOTOR VEHICLE SHALL NOT FORCE-
    5  FULLY OR OTHERWISE ENTER THE SPACE BETWEEN MOTOR VEHICLES IN  A  FUNERAL
    6  PROCESSION SO AS TO DISRUPT THE ORDERLY PROGRESSION AND MOVEMENT OF SAID
    7  PROCESSION.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION
    8  SHALL BE PUNISHED BY A CIVIL FINE OF UP TO ONE HUNDRED DOLLARS.
    9    S 3. This act shall take effect immediately.
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