NY State Senate Bill 2019-S1187

Senate Bill S1187

2019-2020 Legislative Session

Relates to increasing the fines associated with passing a stopped school bus by certain vehicles

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 11, 2019	referred to transportation

2019-S1187 (ACTIVE) - Details

See Assembly Version of this Bill:: A2979
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1174, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5897, A8623
2021-2022: S1160

2019-S1187 (ACTIVE) - Summary

Relates to increasing the fines associated with passing a stopped school bus by commercial motor vehicles.

2019-S1187 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1187

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to increasing
the fines associated with passing a stopped school bus by certain vehi-
cles

 
PURPOSE:

To establish higher fines imposed on violators of section 1174, title 7,
article 29, of the state Vehicle and Traffic Law who violate that stat-
ute while driving certain kinds of large vehicles.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 1174, title 7, article 29, of the state Vehi-
cle and Traffic Law by establishing specific penalties to be assessed
when certain types of vehicles pass a stopped school bus.

Section 2: States that the act shall take effect on the first of Novem-
ber next succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

Our State's children are endangered every day by motorists who fail to
stop for school buses that have their red lights flashing to indicate
that children are boarding or leaving the bus. Data suggests that there
may be tens of thousands of instances per month where drivers illegally
pass a stopped school bus statewide. Such acts endanger our children. To
reduce the safety problem of illegal passing of stopped school buses the
section of the Vehicle and Traffic law that makes this act illegal must
be given bigger teeth. The special hazard posed to pedestrians by larger
vehicles is no less severe when that pedestrian is a child boarding or
leaving a school bus. Should such a vehicle, while illegally attempting
to pass a stopped school bus, collide with a pedestrian, school child,
other vehicles, or the school bus itself the damage could be catastroph-
ic. The drivers of large vehicles should always take extra care on the
road. By subjecting drivers that illegally pass a stopped school bus
while driving a large vehicle to higher penalties, we can potentially
curb such unsafe behavior.

 
LEGISLATIVE HISTORY:

2017-2018: S.5897A/A.8623B.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.  Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S1187 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1187
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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  increasing
   the  fines  associated  with  passing  a stopped school bus by certain
   vehicles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (c) of section 1174 of the vehicle and traffic
 law, as amended by chapter 254 of the laws of 2002, is amended  to  read
 as follows:
   (c)  [Every]  1. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH TWO OF THIS
 SUBDIVISION, EVERY person convicted of a violation of subdivision (a) of
 this section shall: for a first conviction thereof,  be  punished  by  a
 fine  of  not  less  than  two  hundred fifty dollars nor more than four
 hundred dollars or by imprisonment for not more than thirty days  or  by
 both such fine and imprisonment; for a conviction of a second violation,
 both of which were committed within a period of three years, such person
 shall  be  punished  by  a fine of not less than six hundred dollars nor
 more than seven hundred fifty dollars or by imprisonment  for  not  more
 than one hundred eighty days or by both such fine and imprisonment; upon
 a  conviction  of  a  third  or  subsequent violation, all of which were
 committed within a period of three years, such person shall be  punished
 by a fine of not less than seven hundred fifty dollars nor more than one
 thousand dollars or by imprisonment for not more than one hundred eighty
 days or by both such fine and imprisonment.
   2.  EVERY  PERSON  CONVICTED OF A VIOLATION OF SUBDIVISION (A) OF THIS
 SECTION WHILE OPERATING A COMMERCIAL MOTOR VEHICLE SHALL:  FOR  A  FIRST
 CONVICTION THEREOF, BE PUNISHED BY A FINE OF NOT LESS THAN THREE HUNDRED
 DOLLARS  NOR  MORE  THAN FOUR HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT
 MORE THAN THIRTY DAYS OR BY BOTH  SUCH  FINE  AND  IMPRISONMENT;  FOR  A
 CONVICTION  OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02290-01-9

 S. 1187                             2
 
 PERIOD OF THREE YEARS, SUCH PERSON SHALL BE PUNISHED BY A  FINE  OF  NOT
 LESS  THAN  SIX  HUNDRED FIFTY DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY
 DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE HUNDRED EIGHTY DAYS  OR
 BY  BOTH  SUCH  FINE  AND  IMPRISONMENT; UPON A CONVICTION OF A THIRD OR
 SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED  WITHIN  A  PERIOD  OF
 THREE  YEARS,  SUCH  PERSON SHALL BE PUNISHED BY A FINE OF NOT LESS THAN
 EIGHT HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS OR BY IMPRISON-
 MENT FOR NOT MORE THAN ONE HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE  AND
 IMPRISONMENT. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "COMMERCIAL MOTOR
 VEHICLE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SUBDIVI-
 SION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
   § 2. This act shall take effect on the first of November next succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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