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File #: Res 1332-2012    Version: Name: NYPD to enforce Vehicle and Traffic Law Section 1146, regardless of whether the police officer witnessed the incident. (S.3644/A.2012)
Type: Resolution Status: Adopted
Committee: Committee on Transportation
On agenda: 5/15/2012
Enactment date: Law number:
Title: Resolution calling on the New York State Legislature to enact S3644/A2012, and for the Governor to sign the legislation into law. The legislation gives authority to the New York Police Department to enforce Vehicle and Traffic Law Section 1146, even if the police officer was not present at the time of the crash, as long as the officer has reasonable cause to believe the violation was committed by the driver.
Sponsors: Peter F. Vallone, Jr., James Vacca, Leroy G. Comrie, Jr., Robert Jackson, Peter A. Koo, Brad S. Lander, Ydanis A. Rodriguez, Gale A. Brewer, Jessica S. Lappin, Donovan J. Richards, Eric A. Ulrich
Council Member Sponsors: 11
Attachments: 1. Res. No. 1332 - 5/15/12, 2. Committee Report 3/18/13, 3. Hearing Testimony 3/18/13, 4. Hearing Transcript 3/18/13, 5. Committee Report 3/19/13, 6. Hearing Transcript 3/19/13, 7. Committee Report - Stated Meeting 3/20/13, 8. Hearing Transcript - Stated Meeting 3-20-13
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/20/2013APeter F. Vallone, Jr. City Council Approved, by CouncilPass Action details Meeting details Not available
3/19/2013*Peter F. Vallone, Jr. Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
3/19/2013*Peter F. Vallone, Jr. Committee on Transportation Amendment Proposed by Comm  Action details Meeting details Not available
3/19/2013*Peter F. Vallone, Jr. Committee on Transportation Amended by Committee  Action details Meeting details Not available
3/19/2013APeter F. Vallone, Jr. Committee on Transportation Approved by CommitteePass Action details Meeting details Not available
3/18/2013*Peter F. Vallone, Jr. Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
3/18/2013*Peter F. Vallone, Jr. Committee on Transportation Amendment Proposed by Comm  Action details Meeting details Not available
3/18/2013*Peter F. Vallone, Jr. Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
5/15/2012*Peter F. Vallone, Jr. City Council Introduced by Council  Action details Meeting details Not available
5/15/2012*Peter F. Vallone, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
Res. No.1332-A
 
 
Resolution calling on the New York State Legislature to enact S3644/A2012, and for the Governor to sign the legislation into law. The legislation gives authority to the New York Police Department to enforce Vehicle and Traffic Law Section 1146, even if the police officer was not present at the time of the crash, as long as the officer has reasonable cause to believe the violation was committed by the driver.
 
 
By Council Members Vallone, Vacca, Comrie, Jackson, Koo, Lander, Rodriguez, Brewer, Lappin, Richards and Ulrich
      Whereas, Under section 1146 of the Vehicle and Traffic law drivers are required to exercise due care to avoid collision with bicyclists, pedestrians, or domestic animals; and
      Whereas, Failure to exercise due care can result in civil fine of no more than $750 or imprisonment of no more than fifteen days; and
Whereas, In 2010, the State Legislature amended Article 26 of the Vehicle and Traffic law by passing section 1146, commonly known as Hayley and Diego's Law to create an infraction for failure to exercise due care in operating a motor vehicle; and
Whereas, However, current implementation of section 1146 has been narrow because of the requirement that a police officer witness the actual collision in order to issue a violation; and
Whereas, The New York State Attorney General has issued an opinion contradicting the requirement that a violation has to be witnessed by a police officer; and
      Whereas, There have been a number of high profile incidences recently where the driver was suspected of not exercising due care, but no violation was issued because a police officer did not witness the collision; and
      Whereas, Erika Lefevre testified before a joint Public Safety Committee and Transportation Committee hearing on February 15 about the death of her son Mathieu Lafevre; and
      Whereas, Mathieu Lefevre was dragged 171 feet before the car finally stopped. There is strong suspicion that Mr. Lefevre was killed because the driver failed to exercise due care, however no arrest was made and no violation was issued to the driver; and
      Whereas, The current legislation pending in the New York Legislature (A.2012 Sponsored by Assemblyman Brian Kavanagh and S.3644 sponsored by Senator Dan Squadron) will allow police officers to issue a violation or make an arrest under section 1146, if there is reasonable cause to believe that the driver did not exercise due care ; and
      Whereas, Passage of A.2012/S.3644 will close a loophole in the current law and will contribute to saving lives; now, therefore, be it
      Resolved, That the Council of the City of New York calls upon the New York State Legislature to enact A.2012/S.3644, and for the Governor to sign the legislation into law. The legislation gives authority to the New York Police Department to enforce Vehicle and Traffic Law Section 1146, even if the police officer was not present at the time of the crash, as long as the officer has reasonable cause to believe the violation was committed by the driver.
 
LS# 3376
3/14/2013
GZ