Bill Text: NY A00761 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 761 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the vehicle and traffic law, in relation to riding in cargo areas of trucks

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-03-04 - advanced to third reading cal.705 [A00761 Detail]

Download: New_York-2009-A00761-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          761
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M. of A. GANTT, CUSICK -- Multi-Sponsored by -- M. of A.
         BRADLEY, MAGNARELLI, PHEFFER, RAMOS -- read once and referred  to  the
         Committee on Transportation
       AN  ACT  to  amend the vehicle and traffic law, in relation to riding in
         cargo areas of trucks
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2 of section 1222 of the vehicle and traffic
    2  law, as amended by chapter 913 of the laws of 1974, is amended  to  read
    3  as follows:
    4    2.  [No]  A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, NO
    5  operator of any [motor vehicle commonly known as an  auto]  truck  shall
    6  operate  such  [auto] truck, nor shall the owner thereof permit it to be
    7  operated, [in excess of five miles,] while there are [in excess of five]
    8  persons under eighteen years of age in the body of such truck [unless at
    9  least one person over eighteen years of age also rides in  the  body  of
   10  said truck].
   11    B.  THE  PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL NOT APPLY
   12  TO (I) FARM TYPE TRACTORS USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES  OR
   13  OTHER  FARM  EQUIPMENT  WHEN  MAKING  ONLY  INCIDENTAL USE OF A HIGHWAY,
   14  PROVIDED THAT NO SUCH PASSENGERS ARE UNDER THE AGE OF TWELVE YEARS; (II)
   15  TRUCKS WHILE ENGAGED IN USE FOR AGRICULTURAL PURPOSES WHEN  MAKING  ONLY
   16  INCIDENTAL  USE  OF  A  HIGHWAY AND PROVIDED THAT NO SUCH PASSENGERS ARE
   17  UNDER THE AGE OF TWELVE YEARS;  AND  (III)  TRUCKS  PARTICIPATING  IN  A
   18  PARADE PURSUANT TO A MUNICIPAL PERMIT, PROVIDED THAT AT LEAST ONE PERSON
   19  OVER EIGHTEEN YEARS OF AGE ALSO RIDES IN THE BODY OF SAID TRUCK.
   20    S  2.  Paragraph (iii) of subdivision 2 of section 1233 of the vehicle
   21  and traffic law, as amended by chapter 377  of  the  laws  of  1980,  is
   22  amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03722-01-9
       A. 761                              2
    1    (iii)  riding  on  the  open,  uncovered  cargo area of a truck BY ANY
    2  PERSON AGE EIGHTEEN OR OLDER with the permission of the operator of such
    3  truck; and
    4    S  3. Section 1233 of the vehicle and traffic law is amended by adding
    5  a new subdivision 4 to read as follows:
    6    4. NO PERSON SHALL OPERATE A TRUCK WHILE ANY PERSON UNDER THE  AGE  OF
    7  EIGHTEEN YEARS IS RIDING IN THE CARGO AREA OF SUCH TRUCK.
    8    S 4. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.