Bill S3416A-2013

Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects

Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects, or colliding with motorized or non-motorized vehicles or pedestrians, or leaving the roadway; further requires the commissioner of transportation and the thruway authority to submit a report to the governor and legislature and prohibits any data from the study to be used in certain court proceedings.

Details

Actions

  • Jan 17, 2014: PRINT NUMBER 3416A
  • Jan 17, 2014: AMEND AND RECOMMIT TO TRANSPORTATION
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jun 21, 2013: COMMITTED TO RULES
  • Feb 28, 2013: ADVANCED TO THIRD READING
  • Feb 27, 2013: 2ND REPORT CAL.
  • Feb 12, 2013: 1ST REPORT CAL.68
  • Feb 1, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S3416A

TITLE OF BILL: An act to amend the transportation law and the public authorities law, in relation to the study and examination of the state's roadways and the thruway in reducing certain motor vehicle risks

PURPOSE OR GENERAL IDEA OF BILL: Requires a study of the performance of the states roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the transportation law, section 14 by adding a new subdivision 36. Requires the Commissioner to submit a report on lane departures, utilizing existing data whenever possible. Provides that such report shall be submitted no later than August 31, 2015 and annually thereafter to the governor and the legislature. Specifies that the report shall include but not be limited to high-fatality roadway segments and those segments with hazardous features such as steep slopes, embankments, cliffs, drop-offs or deep bodies of water. Provides that no provision of this subdivision shall be deemed to conflict with or supersede the evidentiary and discovery protections and rights as provided for in federal or state law.

Section 2. Amends the public authorities law by adding a new subdivision 3. Requires the authority to duty and examine the performance of the thruway authority in reducing the risk of motor vehicles departing the travel lane and overturning. Provides that such report shall be submitted no later than August 31, 2015 and annually thereafter to the governor and the legislature. Provides that no provision of this subdivision shall be deemed to conflict with or supersede the evidentiary and discovery protections and rights as provided for in federal or state law.

Section 3. Effective Date

EXISTING LAW: None

JUSTIFICATION: Motor vehicle crashes take a terrible human toll on people whether they are vehicle passengers, motorcyclists, bicyclists, or pedestrians, depriving individuals of their independence when crashes cause serious physical injury, and depriving families of their loved ones and society of valued members when the crashes are fatal. While there are general downward trends in the number of motor vehicle fatal crashes and the number of fatalities on New York State's roadways, more can and should be done to further prevent them. This bill presents an opportunity to focus on high-risk sections of road across the State such as those with a high number of fatal crashes, and those with hazardous features like steep slopes, embankments, cliffs, drop-offs and deep bodies of water. Strategies for reducing the risk of vehicles abruptly leaving their lanes of travel and crashing can and should be identified in order to reduce the risk of crashes at these high-risk locations to better protect the safety of the traveling public and prevent future tragedies.

PRIOR LEGISLATIVE HISTORY: 2013: S.3416 - Died on Third Reading Calendar/A.5669 - Referred to Transportation

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect sixty days after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3416--A 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sens. DIAZ, SAMPSON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation -- recommitted to the Committee on Transportation in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the transportation law and the public authorities law, in relation to the study and examination of the state's roadways and the thruway in reducing certain motor vehicle risks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 14 of the transportation law is amended by adding a new subdivision 36 to read as follows: 36. TO STUDY AND EXAMINE THE PERFORMANCE OF THE STATE'S ROADWAYS IN REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND OVER- TURNING, OR COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTORIZED OR NON-MOTORIZED VEHICLES OR PEDESTRIANS, OR LEAVING THE ROADWAY. SUCH STUDY AND EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, SEGMENTS OF THE STATE'S ROADWAYS WITH A HIGH NUMBER OF FATAL CRASHES, AND SEGMENTS OF ROADWAY WITH HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS, CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE COMMISSIONER SHALL SUBMIT A REPORT ON LANE DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE, BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ANNUALLY THEREAFTER, TO THE GOVERNOR AND THE LEGISLATURE WHICH REPORT SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER AND TYPE OF TRAVEL LANE DEPARTURE CRASHES ON THE STATE'S ROADWAYS INCLUDING, BUT NOT LIMITED TO, FIXED OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND SIDESWIPE CRASHES, ROADWAY DEPARTURES, AND THOSE INVOLVING NON-MOTORIZED VEHICLES AND PEDESTRIANS; (B) THE EXTENT TO WHICH THE DEPARTMENT HAS ANALYZED CRASH DATA AND IDENTIFIED AND CONSIDERED THE SAFETY NEEDS OF THE STATE'S ROADWAYS INCLUDING BUT NOT LIMITED TO HIGH-FATALITY SEGMENTS AND SEGMENTS WITH HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS,
CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER; AND (C) THE MEASURES AND STRATEGIES THAT THE DEPARTMENT HAS UNDERTAKEN, OR PLANS TO UNDERTAKE, TO IMPROVE ROADWAY PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL LANE DEPARTURES AND CRASHES. NO PROVISION OF THIS SUBDIVISION SHALL BE DEEMED TO CONFLICT WITH OR SUPERSEDE THE EVIDENTIARY AND DISCOVERY PROTECTIONS AND RIGHTS AS PROVIDED FOR IN FEDERAL OR STATE LAW. NOTWITH- STANDING ANY OTHER PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA COMPILED OR COLLECTED FOR THE PURPOSE OF IDENTIFYING, EVALUATING, OR PLANNING THE SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT SITES, HAZARDOUS ROADWAY CONDITIONS, OR RAILWAY-HIGHWAY CROSSINGS, PURSUANT TO FEDERAL OR STATE LAW OR FOR THE PURPOSE OF DEVELOPING ANY HIGHWAY SAFETY CONSTRUCTION IMPROVEMENT PROJECT SHALL NOT BE SUBJECT TO DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEED- ING OR CONSIDERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES ARISING FROM ANY OCCURRENCE AT A LOCATION MENTIONED OR ADDRESSED IN SUCH REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA. S 2. Section 361 of the public authorities law is amended by adding a new subdivision 3 to read as follows: 3. THE AUTHORITY SHALL STUDY AND EXAMINE THE PERFORMANCE OF THE THRU- WAY IN REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND OVERTURNING, OR COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTOR- IZED OR NON-MOTORIZED VEHICLES OR PEDESTRIANS, OR LEAVING THE THRUWAY. SUCH STUDY AND EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, SEGMENTS OF THE THRUWAY WITH A HIGH NUMBER OF FATAL CRASHES, AND SEGMENTS WITH HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS, CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE AUTHORITY SHALL SUBMIT A REPORT ON LANE DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE, BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ANNUALLY THEREAFTER, TO THE GOVERNOR AND THE LEGISLATURE WHICH REPORT SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER AND TYPE OF TRAVEL LANE DEPARTURE CRASHES ON THE THRUWAY INCLUDING, BUT NOT LIMITED TO, FIXED OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND SIDESWIPE CRASHES, ROADWAY DEPARTURES, AND THOSE INVOLVING NON-MOTORIZED VEHICLES AND PEDESTRIANS; (B) THE EXTENT TO WHICH THE AUTHORITY HAS ANALYZED CRASH DATA AND IDENTIFIED AND CONSIDERED THE SAFETY NEEDS OF THE THRUWAY INCLUDING BUT NOT LIMITED TO HIGH-FATALITY SEGMENTS AND SEGMENTS WITH HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS, CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER; AND (C) THE MEASURES AND STRATEGIES THAT THE AUTHORITY HAS UNDERTAKEN, OR PLANS TO UNDERTAKE, TO IMPROVE THRUWAY PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL LANE DEPARTURES AND CRASHES. NO PROVISION OF THIS SUBDIVISION SHALL BE DEEMED TO CONFLICT WITH OR SUPERSEDE THE EVIDENTIARY AND DISCOVERY PROTECTIONS AND RIGHTS AS PROVIDED FOR IN FEDERAL OR STATE LAW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA COMPILED OR COLLECTED FOR THE PURPOSE OF IDENTIFYING, EVALUATING, OR PLANNING THE SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT SITES, HAZARDOUS ROADWAY CONDITIONS, OR RAILWAY-HIGHWAY CROSSINGS, PURSUANT TO FEDERAL OR STATE LAW OR FOR THE PURPOSE OF DEVELOPING ANY HIGHWAY SAFETY CONSTRUCTION IMPROVEMENT PROJECT SHALL NOT BE SUBJECT TO DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSID- ERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES ARISING FROM ANY OCCURRENCE AT A LOCATION MENTIONED OR ADDRESSED IN SUCH REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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