S T A T E   O F   N E W   Y O R K
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                                  1699

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  V. LOPEZ, ROBINSON -- read once  and  referred  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:

  Section  1.  Legislative  findings.  The legislature hereby finds that
animals riding unrestrained or inadequately restrained in open  compart-
ments  of  motor  vehicles are injured and killed when they fall or jump
from such vehicles, when they are thrown from the  vehicle  and  hit  by
oncoming  traffic,  and  when  they are strangled or dragged beneath the
vehicle in which they were travelling. In addition to the obvious safety
threat to animals posed by this mode of transportation,  animals  riding
in  this  manner  pose a substantial threat to the safety of drivers and
passengers in other vehicles, as well as  pedestrians.  An  animal  that
jumps  or  is thrown from a motor vehicle creates a traffic hazard which
even the most careful and astute driver may be unable to avoid.  Drivers
and  passengers  can  be  injured  or killed when an animal ejected from
another vehicle hits their windshield or forces  them  to  drive  in  an
erratic fashion to avoid a collision. Pedestrians are at obvious risk as
well as vulnerable victims of these sorts of traffic disturbances.
  S  2.  The  vehicle and traffic law is amended by adding a new section
1222-a to read as follows:
  S 1222-A. TRANSPORTATION OF ANIMALS; ENCLOSURE AND RESTRAINT. 1.    NO
PERSON  SHALL  OPERATE  A MOTOR VEHICLE ON A PUBLIC HIGHWAY WHILE TRANS-
PORTING AN ANIMAL IN AN OPEN, UNCOVERED AREA OF SUCH VEHICLE  WHEN  SUCH
AREA IS INTENDED FOR ANY LOAD, UNLESS:
  (A)  SUCH  AREA  IS  ENTIRELY  ENCLOSED  WITH SIDE AND TAIL RACKS TO A
HEIGHT SUFFICIENT TO ENSURE THAT THE ANIMAL CANNOT FALL,  BE  THROWN  OR
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.
                                                           LBD04875-01-9
              

A. 1699                             2

FORTY-SIX INCHES EXTENDING VERTICALLY FROM THE FLOOR OF THE OPEN AREA TO
THE TOP OF THE RACKS; OR
  (B) SUCH ANIMAL IS SECURED IN A CAGE OR OTHER CONTAINER WHICH PROVIDES
SUFFICIENT  VENTILATION, PROTECTION FROM THE ELEMENTS AND ADEQUATE SPACE
TO ENSURE THE SAFETY AND COMFORT OF THE ANIMAL, AND THAT  PREVENTS  SUCH
ANIMAL  FROM  BEING THROWN, FALLING FROM OR JUMPING FROM THE MOTOR VEHI-
CLE.  SUCH CAGE OR CONTAINER SHALL BE SECURED TO THE  MOTOR  VEHICLE  IN
SUCH  A  MANNER  AS TO PREVENT IT FROM FALLING FROM SUCH VEHICLE OR FROM
MOVING IN SUCH VEHICLE IN A MANNER WHICH CREATES A SUBSTANTIAL  RISK  OF
INJURY TO THE ANIMAL TRANSPORTED THEREIN.
  2.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION SHALL BE PUNISHED BY A CIVIL FINE OF NOT LESS  THAN  TWENTY-FIVE
NOR MORE THAN SEVENTY-FIVE DOLLARS.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.