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S03973 Summary:

Add §1222-a, V & T L
Prohibits the transportation of an animal in any open area of a motor vehicle which is intended for any load unless such area is fully enclosed or the animal is in a cage or container, or restrained so it's unable to leave or be thrown from the vehicle; imposes fines for the violation of the provisions thereof.
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S03973 Memo:

Memo not available
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S03973 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 31, 2017
        Introduced  by  Sen. LAVALLE -- 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  transporta-
          tion of animals in a motor vehicle
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. The  legislature  hereby  finds  that
     2  animals  riding unrestrained or inadequately restrained in open compart-
     3  ments of motor vehicles are injured and killed when they  fall  or  jump
     4  from  such  vehicles,  when  they are thrown from the vehicle and hit by
     5  oncoming traffic, and when they are strangled  or  dragged  beneath  the
     6  vehicle in which they were travelling. In addition to the obvious safety
     7  threat  to  animals posed by this mode of transportation, animals riding
     8  in this manner pose a substantial threat to the safety  of  drivers  and
     9  passengers  in  other  vehicles,  as well as pedestrians. An animal that
    10  jumps or is thrown from a motor vehicle creates a traffic  hazard  which
    11  even  the most careful and astute driver may be unable to avoid. Drivers
    12  and passengers can be injured or killed  when  an  animal  ejected  from
    13  another  vehicle  hits  their  windshield  or forces them to drive in an
    14  erratic fashion to avoid a collision. Pedestrians are at obvious risk as
    15  well as vulnerable victims of these sorts of traffic disturbances.
    16    § 2. The vehicle and traffic law is amended by adding  a  new  section
    17  1222-a to read as follows:
    18    §  1222-a.  Transportation of animals; enclosure and restraint. 1.  No
    19  person shall operate a motor vehicle on a public  highway  while  trans-
    20  porting  an  animal in an open, uncovered area of such vehicle when such
    21  area is intended for any load, unless:
    22    (a) such area is entirely enclosed with  side  and  tail  racks  to  a
    23  height  sufficient  to  ensure that the animal cannot fall, be thrown or
    24  jump from the motor vehicle, but in no case shall such rack be less than
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3973                             2
     1  forty-six inches extending vertically from the floor of the open area to
     2  the top of the racks; or
     3    (b) such animal is secured in a cage or other container which provides
     4  sufficient  ventilation, protection from the elements and adequate space
     5  to ensure the safety and comfort of the animal, and that  prevents  such
     6  animal  from  being thrown, falling from or jumping from the motor vehi-
     7  cle.  Such cage or container shall be secured to the  motor  vehicle  in
     8  such  a  manner  as to prevent it from falling from such vehicle or from
     9  moving in such vehicle in a manner which creates a substantial  risk  of
    10  injury to the animal transported therein.
    11    2.  Any  person who violates the provisions of subdivision one of this
    12  section shall be punished by a civil fine of not less  than  twenty-five
    13  nor more than seventy-five dollars.
    14    § 3. This act shall take effect on the first of November next succeed-
    15  ing the date on which it shall have become a law.
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