A5343-2011 Actions

• Jan 4, 2012: referred to transportation
• May 17, 2011: held for consideration in transportation
• Feb 16, 2011: referred to transportation

A5343-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5343
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 16, 2011
 
 Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
 Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
 the  surfaces  of  certain vehicles to be cleared of accumulated snow,
 sleet, or hail
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1229-e to read as follows:

 

S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER
 ATE A NON-COMMERCIAL MOTOR VEHICLE OR A COMMERCIAL MOTOR VEHICLE WITH  A
 GROSS  VEHICLE  WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS ON A PUBLIC
 STREET OR HIGHWAY WHILE THERE IS AN ACCUMULATION OF SNOW, SLEET, OR HAIL
 ON THE ROOF OR CARGO BED  SURFACES  THEREOF,  WHETHER  OF  ANY  OCCUPANT
 COMPARTMENT, TRAILER, OR OTHER CARGO COMPARTMENT.
 2.  THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY SUBDI
 VISION ONE OF THIS SECTION SHALL NOT APPLY DURING THE FALLING  OF  SNOW,
 SLEET, OR HAIL.
 3.  THE  OPERATOR  OF A VEHICLE IN VIOLATION OF THE PROVISIONS OF THIS
 SECTION, EXCLUDING A SEVERELY DISABLED PERSON, AS DEFINED IN SUBDIVISION
 THREE OF SECTION FOUR HUNDRED FOUR-A OF THIS CHAPTER, SHALL  BE  SUBJECT
 TO A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED FIFTY
 DOLLARS.
 4.  THE  OPERATOR  OF  A  VEHICLE  WHO VIOLATES THE PROVISIONS OF THIS
 SECTION WHERE SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY  OF  ANOTHER
 PERSON, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, OR DAMAGE TO PROP
 ERTY  OF ANOTHER PERSON, SHALL BE SUBJECT TO A FINE OF NOT LESS THAN TWO
 HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.  ADDITIONALLY,
 A LICENSE POINT VALUE OF ONE POINT SHALL BE APPLIED.
 5.  THE  OPERATOR  OF  A  VEHICLE  WHO VIOLATES THE PROVISIONS OF THIS
 SECTION WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL  INJURY  OF
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08266-02-1
 
       A. 5343                             2
 ANOTHER  PERSON,  AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, SHALL BE
 SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  NOR  MORE  THAN
 ONE  THOUSAND DOLLARS. ADDITIONALLY, A LICENSE POINT VALUE OF TWO POINTS
 SHALL BE APPLIED.
 6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
 TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
 

S 2.

Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:

 

S 125. Motor vehicles. Every vehicle operated or driven upon a  public
 highway  which  is  propelled  by  any  power other than muscular power,
 except (a) electrically-driven mobility assistance devices  operated  or
 driven  by a person with a disability, (a-1) electric personal assistive
 mobility devices operated outside  a  city  with  a  population  of  one
 million  or  more, (b) vehicles which run only upon rails or tracks, (c)
 snowmobiles as defined in article forty-seven of this chapter,  and  (d)
 all  terrain  vehicles as defined in article forty-eight-B of this chap
 ter. For the purposes of title four of  this  chapter,  the  term  motor
 vehicle  shall  exclude  fire and police vehicles other than ambulances.
 For the purposes of titles four and  five  AND  SECTION  TWELVE  HUNDRED
 TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
 type  tractors  and all terrain type vehicles used exclusively for agri
 cultural purposes, or for snow plowing, other than for hire, farm equip
 ment, including self-propelled machines  used  exclusively  in  growing,
 harvesting  or  handling farm produce, and self-propelled caterpillar or
 crawler-type equipment while being operated on the contract site.
 

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.

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