S3151-2011 - NY Senate Open Legislation - Requires convex mirrors on trucks

Requires convex mirrors on trucks.

Sponsor: GOLDEN / Co-sponsor(s): LANZA, SQUADRON
Law Section: Vehicle and Traffic Law / Law: Amd S375, V & T L

S3151-2011 Actions

Jul 18, 2011: SIGNED CHAP.138
Jul 8, 2011: DELIVERED TO GOVERNOR
May 24, 2011: returned to senate
May 24, 2011: passed assembly
May 24, 2011: ordered to third reading rules cal.29
May 24, 2011: substituted for a1446
May 23, 2011: referred to codes
May 23, 2011: DELIVERED TO ASSEMBLY
May 23, 2011: PASSED SENATE
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.135
Feb 10, 2011: REFERRED TO TRANSPORTATION

S3151-2011 Meetings

Transportation: Mar 1, 2011

S3151-2011 Calendars

S3151-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 1, 2011

Ayes (15): Fuschillo, Larkin, McDonald, Nozzolio, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Ayes W/R (3): Maziarz, Ranzenhofer, Adams
Excused (1): Johnson

VOTE: FLOOR VOTE: - May 23, 2011

Ayes (52): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Rivera, Robach, Sampson, Savino, Serrano, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young
Nays (8): Farley, Griffo, Little, Ranzenhofer, Ritchie, Saland, Seward, Zeldin
Excused (2): Hassell-Thomps, Kruger

S3151-2011 Memo

BILL NUMBER:S3151

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to convex mirrors

SUMMARY OF PROVISIONS:
This bill would amend Section 375 of the
Vehicle and Traffic Law by adding a new subdivision 10-e to require
all trucks, tractors and tractor-trailers or semi-trailer
combinations: 1) registered in New York State, 2) having a maximum
gross weight of twenty six thousand pounds or more, and 3) a
conventional cab configuration in which a) more than half of the
engine length is forward of the foremost point of the windshield base
and b) the steering wheel hub is in the forward quarter of the
vehicle length, to be equipped with a convex mirror on the front of
the vehicle when operated on highways, other than controlled-access
highways, in cities having a population of one million or more.

JUSTIFICATION:
The inability of truck drivers to see the area
immediately in front of the truck has contributed to a significant
number of pedestrian deaths and injuries in New York City since the
mid-1980s. The bill is designed to reduce the risk of pedestrian
deaths and injuries which can occur when truck drivers are unable to
see persons directly in front of their vehicles. Trucks equipped with
"cross over" mirrors eliminates the truck driver's "blind spot,"
allowing the driver to see any person at least three feet tall
passing at least one foot in front of the vehicle.

There is a clear pattern to these types of accidents. In most cases,
the truck is initially stopped or moving at slow speed. The driver
then proceeds, looking forward and not knowing that a pedestrian is
crossing directly in front of the truck (in this large and dangerous
"blind spot"). The pedestrian most often is an older adult or a
child. Many of these accidents could be prevented by the use of cross
over mirrors.
These mirrors have been required on school buses since the mid-1970s
to allow drivers to see children crossing in front of buses.

According to the U.S. Department of Transportation's National Highway
Traffic Safety Administration's Traffic Safety Facts for 2005 Report
(the most recent report that is available), 71% of pedestrians
killed by large trucks were initially impacted from the front of the
truck.
Furthermore, from 1994 to 2003, in New York City, the number of
accidents involving trucks and pedestrians that resulted in death or
injury were 204 and 4,698 respectively. Cross over mirrors will prove
beneficial in lowering these statistics.

The benefits of these mirrors in preventing injury and/or death far
exceed their cost. Cross over mirrors are relatively inexpensive and
manufacturers typically offer them below list price, as well as
provide discounts for bulk orders. According to list prices, the
mirror heads themselves cost approximately $10 to $29 each; and
assembly kits are available for approximately $23 to $57 each which


include not only the mirror head itself, but also adjustable braces
and mounting hardware as well. The exact cost depends on whether it
is a hood mounted, short tripod or standard tripod kit that is being
purchased. This relatively minor cost represents an important
investment in the safety of people in New York City.

LEGISLATIVE HISTORY:
2009-10: A.5869/S.2057
Similar to 2007-08: A.9207 and A.2666
2005-06: A.9704/S.2210

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
One hundred eightieth day after it shall have become a law,
with provisions.

S3151-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3151
 2011-2012 Regular Sessions
 I N  SENATE
 February 10, 2011
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and  traffic  law,  in  relation  to  convex
 mirrors
 

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

 

Section 1.

Section 375 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 10-e to read as follows:

 10-E.  EVERY TRUCK, TRACTOR, AND TRACTOR-TRAILER OR SEMITRAILER COMBI
 NATION REGISTERED IN THIS STATE HAVING A GROSS VEHICLE WEIGHT RATING  OF
 TWENTY-SIX THOUSAND POUNDS OR MORE, AND A CONVENTIONAL CAB CONFIGURATION
 IN  WHICH MORE THAN HALF OF THE ENGINE LENGTH IS FORWARD OF THE FOREMOST
 POINT OF THE WINDSHIELD BASE AND  THE  STEERING  WHEEL  HUB  IS  IN  THE
 FORWARD  QUARTER  OF THE VEHICLE LENGTH, WHENEVER OPERATED WITHIN A CITY
 HAVING A POPULATION OF ONE  MILLION OR   MORE ON HIGHWAYS    OTHER  THAN
 CONTROLLED-ACCESS  HIGHWAYS,  SHALL  BE EQUIPPED WITH A CONVEX MIRROR ON
 THE FRONT OF SUCH VEHICLE OR COMBINATION OF VEHICLES. WHEN SUCH  VEHICLE
 OR  COMBINATION  OF  VEHICLES  IS  BEING  OPERATED, SUCH MIRROR SHALL BE
 ADJUSTED SO AS TO ENABLE THE OPERATOR THEREOF TO SEE ALL  POINTS  ON  AN
 IMAGINARY  HORIZONTAL  LINE WHICH: (A) IS THREE FEET ABOVE THE ROAD, (B)
 IS ONE FOOT DIRECTLY FORWARD FROM THE MIDPOINT  OF  THE  FRONT  OF  SUCH
 MOTOR VEHICLE, AND (C) EXTENDS THE FULL WIDTH OF THE FRONT OF SUCH VEHI
 CLE  OR COMBINATION OF VEHICLES. PROVIDED, HOWEVER, THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER  OF  TRANSPORTATION,  MAY  PROMULGATE
 RULES  AND  REGULATIONS EXEMPTING FROM THE REQUIREMENTS OF THIS SUBDIVI
 SION ANY VEHICLE OR COMBINATION OF VEHICLES WHERE SUCH COMMISSIONER  HAS
 DETERMINED  THAT  THE  USE OF SUCH CONVEX MIRRORS WOULD NOT INCREASE THE
 VISIBILITY OF PERSONS OR OBJECTS LOCATED DIRECTLY IN FRONT OF SUCH VEHI
 CLE OR COMBINATION OF VEHICLES.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04922-01-1
        S. 3151                             2
 

S 2. This act shall be deemed repealed if any federal  agency  or  any
 court  of  competent jurisdiction finally determines that this act would
 render New York state ineligible for the receipt of federal funds.
 

S  3.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris
 diction to be invalid, such judgment shall not affect, impair or invali
 date the remainder thereof, but shall be confined in  its  operation  to
 the  clause,  sentence,  subdivision, paragraph, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized  to  be  made and completed on or before such effective date;
 and provided that the commissioner of the department  of  transportation
 shall  notify  the  legislative bill drafting commission upon the occur
 rence of the provisions of section two of this act  in  order  that  the
 commission  may  maintain  an accurate data base of the official text of
 the laws of the state of  New  York  in  furtherance  of  effecting  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.

S3151-2011: Requires convex mirrors on trucks