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BILL NUMBER:S1301

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to prohibiting commercial vehicles from stopping and standing

PURPOSE: This bill is designed to discourage commercial vehicles in the City of New York from illegally stopping and standing by adding points to a commercial driver's license for each violation.

SUMMARY OF PROVISIONS: Section One of the bill amends the administrative code of the City of New York by prohibiting any person from stopping or standing a commercial vehicle in the City of New York except when necessary to avoid conflict with other traffic or in compliance with a police officer or a traffic control signal.

"Commercial Vehicle" is defined in this section to mean a motor vehicle designed, maintained, or used primarily for the transportation of property, or a motor vehicle having a Seating capacity of fifteen or more passengers in addition to the driver and used for the transportation of persons. While stopping and standing is Prohibited by this title and local laws, a commercial vehicle may stop temporarily for loading and unloading merchandise or passengers. It will be an affirmative defense by the person who received the summons that he or she was actively engaged in business at the time the summons was issued at a premises located within three city blocks of where the summons was issued.

The Section does not apply to Vehicles owned and operated by gas or oil heat suppliers or gas or oil heat systems maintenance companies, or any public utilities. This section shall not apply to State or local municipal vehicles.

A violation of this section shall be punishable in accordance with the point system pursuant to part one hundred thirty-one of subchapter J of chapter one of title fifteen of the NYCRR. A commercial vehicle may also be subject to impoundment or other fees and sanctions in addition to the points added per violation.

EXISTING LAW: Currently, there are no points added to a commercial driver's license for these violations.

JUSTIFICATION: By ever increasing numbers, illegal commercial traffic in the City of New York has clogged neighborhood streets. These vehicles double-park, idle, and pick up and drop off passengers in spite of traffic laws prohibiting them from doing so in residential neighborhoods. As a result, these tour buses, trucks, jitneys, vans, black cars, limousines, charter buses, and other commercial vehicles have turned New York City neighborhoods into a de facto parking lot.

 This problem is more than just mere inconvenience for residents. 8t. Clare's Hospital in the Clinton/Hell's Kitchen section of Manhattan has recently stated that such parking problems could affect the ability of emergency vehicles to reach necessary destinations and return to the hospital in optimal time.

This bill in no way stops commercial vehicles from going about their legitimate business. The legislation allows for the normal unloading and loading of property and passengers, or in the case of an emergency. City and State municipal vehicles, as well as public utilities, are exempt from this legislation.

Adding points to a commercial driver's license for each violation will send a strong message to those drivers who blatantly disregard the City of New York's stopping and standing regulations that needlessly congest residential streets will not be tolerated.

LEGISLATIVE HISTORY:; 1999-2000: S.6152 died in Senate Cities Committee 2001-2002: S.2036 died in Senate Cities Committee 2003-2004: S.2080 died in Senate Cities Committee 2005-2006: S.1068 died in Senate Cities Committee 2007:      S.1765 (Duane), Died in Senate Cities 2008:      S.1765 (Duane), Died in Senate Cities 2009:      S.1349 (Duane), Died in Senate Cities 2010:      S.1349 (Duane), Died in Senate Cities

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

1301

2011-2012 Regular Sessions

IN SENATE

January 6, 2011
___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to prohibiting commercial vehicles from stopping and standing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 19-170.1 to read as follows:
  S 19-170.1 LIMITATION ON STOPPING AND STANDING OF COMMERCIAL VEHICLES.
A.  WHEN  STOPPING  IS  PROHIBITED BY THIS TITLE, OR BY LOCAL LAW, ORDI-
NANCE, ORDER, RULE, OR REGULATION, NO  PERSON  SHALL  STOP  OR  STAND  A
COMMERCIAL  VEHICLE,  EXCEPT WHEN NECESSARY TO AVOID CONFLICT WITH OTHER
TRAFFIC OR IN COMPLIANCE WITH THE DIRECTIONS  OF  A  POLICE  OFFICER  OR
TRAFFIC-CONTROL  SIGN  OR  SIGNAL. FOR THE PURPOSES OF THIS SECTION, THE
TERM COMMERCIAL VEHICLE SHALL MEAN A MOTOR VEHICLE DESIGNED, MAINTAINED,
OR USED PRIMARILY FOR THE TRANSPORTATION OF PROPERTY OR A MOTOR  VEHICLE
HAVING  A  SEATING CAPACITY OF FIFTEEN OR MORE PASSENGERS IN ADDITION TO
THE DRIVER AND USED FOR THE TRANSPORTATION OF PERSONS.
  B. WHEN STANDING IS PROHIBITED BY THIS TITLE, OR BY LOCAL  LAW,  ORDI-
NANCE,  ORDER,  RULE  OR  REGULATION,  NO  PERSON  SHALL STAND OR PARK A
COMMERCIAL VEHICLE, WHETHER OCCUPIED OR NOT, BUT  MAY  STOP  TEMPORARILY
FOR  THE  PURPOSE  OF AND WHILE ACTUALLY ENGAGED IN LOADING OR UNLOADING
MERCHANDISE OR PASSENGERS.
  C. WHERE A COMMERCIAL VEHICLE IS IN  VIOLATION  OF  THIS  SECTION,  IT
SHALL  BE  AN  AFFIRMATIVE DEFENSE TO SAID VIOLATION, WITH THE BURDEN OF
PROOF ON THE PERSON WHO RECEIVED THE SUMMONS, THAT HE OR SHE WAS ACTIVE-
LY ENGAGED IN BUSINESS AT THE TIME THE SUMMONS WAS ISSUED AT A  PREMISES
LOCATED WITHIN THREE CITY BLOCKS OF WHERE THE SUMMONS WAS ISSUED.
  D.  THIS  SECTION SHALL NOT APPLY TO VEHICLES OWNED OR OPERATED BY GAS
OR OIL HEAT SUPPLIERS OR GAS OR OIL HEAT SYSTEMS MAINTENANCE  COMPANIES,
THE AGENTS OR EMPLOYEES THEREOF, OR ANY PUBLIC UTILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00975-01-1
S. 1301                             2

  E. THIS SECTION SHALL NOT APPLY TO STATE AND LOCAL MUNICIPAL VEHICLES.
  F.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE IN ACCORDANCE WITH
THE POINT SYSTEM PURSUANT TO PART ONE HUNDRED THIRTY-ONE OF SUBCHAPTER J
OF CHAPTER ONE OF TITLE FIFTEEN OF THE NYCRR.
  G. ANY COMMERCIAL VEHICLE STOPPING OR STANDING IN  VIOLATION  OF  THIS
SECTION  SHALL  BE SUBJECT TO IMPOUNDMENT BY THE DEPARTMENT. THE COMMIS-
SIONER SHALL BE AUTHORIZED  TO  PROMULGATE  REGULATIONS  CONCERNING  THE
PROCEDURE FOR THE IMPOUNDMENT OF SUCH COMMERCIAL VEHICLES.
  H.  THE  SANCTIONS  AND  FEES PROVIDED FOR IN THIS SECTION SHALL BE IN
ADDITION TO ANY OTHER SANCTIONS, FEES, OR REMEDIES PROVIDED  BY  LAW  OR
REGULATION.
  S 2. This act shall take effect immediately.