Res. No. 1714
Resolution calling upon the New York State Legislature to pass, and the Governor to sign, A5470, which would amend the Vehicle and Traffic Law in relation to extending the period for the repair of defective equipment on the basis of religious observance.
By Council Members Fidler, Dromm, Gennaro, James, Koo, Mendez, Williams and Ulrich
Whereas, New York State Vehicle and Traffic Law requires the dismissal of a summons for defective automobile equipment, such as a broken brake light, provided that the individual who receives the summons corrects the problem within a permitted timeframe of one half hour after sunset on the first full "business day"' after the issuance of the summons; and
Whereas, The definition of "business day" in the law excludes only various federal holidays and Sundays; and
Whereas, An individual who receives a summons for defective equipment might be unable, because of the individual's religious observance, to correct the problem within the permitted timeframe; and
Whereas, For example, a person receiving a summons late on Friday afternoon may not be able to make repairs until Sunday because of the person's religious observance; and
Whereas, A5470 would remedy this situation by excluding from consideration as a "business day" a day on which the defendant, because of sincerely held religious beliefs, is unable to correct the violation for which the summons was issued; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, A5470, which would amend the Vehicle and Traffic Law in relation to extending the period for the repair of defective equipment on the basis of religious observance.
LS#4516
3/15/2013
JM