S T A T E   O F   N E W   Y O R K
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                                  2914

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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:

  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

              

S. 2914                             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.