This bill has been amended

Bill S395-2013

Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof

Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof; establishes fines for violation of these provisions; establishes a fund for the state's portion of such fines, the "snow and ice removal fund" with 10% of the funds going to an annual DMV report on the fund, 25% going to each the DOT and the Thruway authority for establishing snow and ice removal sites on their roads, 30% for a DOT grant program and 10% for a public awareness campaign.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S395

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring surfaces of certain motor vehicles to be cleared of accumulated snow, sleet, or hail; to amend the state finance law, the public authorities law and the transportation law, in relation to the snow and ice removal fund; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: To help prevent dangerous distractions or accidents from blinding snow or ice blowing off of vehicles traveling on roads and highways" When vehicles travel with accumulated amounts of snow or ice on top of their roof, it is very likely to be blinding to other vehicles traveling behind them and cause accidents. This legislation will help to prevent those types of accidents.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the vehicle and traffic law is amended by adding a new section 1229-e.

Section 3 of the bill requires that the commissioner of DMV produce a report to the Governor which includes information on: (a) the amount of funds made available to DOT and the Thruway pursuant to this bill (b) the number of summonses issued (c) the operation the grant program established in this bill (d) the public awareness program established in this bill (e) the severity and frequency of traffic accidents involving snow and ice not properly removed from vehicles before and after the bill would go into effect (f) the operation of the snow removal sites established in this bill.

Section 4 of the bill establishes a snow and ice removal fund to be jointly administered by the comptroller and Commissioner of Taxation and Finance and provides for their allocation in the following manner:

- 10% to be transferred to DMV for the collection and reporting of data required in the bill" - 25% to NYSDOT for the creation of snow and ice removal sites at DOT rest areas or service areas for use by 'common carriers' as the commissioner deems appropriate. - 25% to NYS Thruway Authority for the creation of snow and ice removal sites along Thruway rest areas or service areas for use by 'common carriers' as the Authority deems appropriate, - 30% to NYSDOT for the establishment of a grant program meant to provide matching funds to 'common carriers' for' the installation of their own snow and ice removal equipment and also for the improvement of public awareness about the hazards of driving with accumulations of snow and ice on vehicle surfaces and the prohibition thereof.

Section 5 amends the Public Authorities law to provide for the installation of snow and ice removal sites at Thruway locations.

Section 6 amends the Transportation law to provide for the installation of snow and ice removal sites on DOT locations as well as the implementation of the grant program,

Section 7 effective date of the first November next Succeeding the date it shall have become law; provided however that the amendments to section 200 of the vehicle and traffic law made by section 3 of this act shall expire and be deemed repealed September 1, 2023.

JUSTIFICATION: Snow and ice accumulates on top of cars and trucks during winter months and become a road hazard for motorists; especially those driving at high speeds on highways, The blinding snow blowing from the top of other cars or trucks can cause damage or accidents to other vehicles. This legislation would create the responsibility of making sure every vehicle is safe for traveling on the road.

The bill also addresses some concerns of the trucking industry by providing a funding mechanism and matching grant program for the installation of snow and ice removal sites along DOT and Thruway roads

PRIOR LEGISLATIVE HISTORY: 2011-12: S.1321B 2009-10: S 5226A/A.4209A - Advanced to 3rd Reading Calendar

FISCAL IMPLICATIONS:; None.

EFFECTIVE DATE: First of November next succeeding the date on which it shall have become a law; provided, however, that the amendments to section 200 of the vehicle and traffic law made by section three of this act shall expire and be deemed repealed September 1, 2023.


Text

STATE OF NEW YORK ________________________________________________________________________ 395 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DILAN -- 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 requiring surfaces of certain motor vehicles to be cleared of accumulated snow, sleet, or hail; to amend the state finance law, the public authorities law and the transportation law, in relation to the snow and ice removal fund; and providing for the repeal of certain provisions upon expiration thereof 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 MOTOR VEHICLE 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 IN EXCESS OF THREE INCHES. 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 OR WITHIN THREE HOURS AFTER THE CESSATION OF THE FALLING THEREOF. 3. (A) THE OPERATOR OF A NON-COMMERCIAL VEHICLE IN VIOLATION OF THE PROVISIONS OF THIS SECTION, EXCLUDING A DISABLED OPERATOR, SHALL BE SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN EIGHT HUNDRED FIFTY DOLLARS. (B) THE OPERATOR, OWNER, LESSEE, BAILEE OR ANY ONE OF THE AFORESAID IF A COMMERCIAL MOTOR VEHICLE SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FOUR HUNDRED FIFTY DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS.
(C) ALL FINES CREDITED TO THE STATE PURSUANT TO THIS SECTION SHALL BE DEPOSITED TO THE SNOW AND ICE REMOVAL FUND ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW. 4. 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. Section 200 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows: 3. THE COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON AN ANNUAL BASIS FOR THE TEN YEARS COMMENCING ON AUGUST THIRTY-FIRST, TWO THOUSAND FOURTEEN CONCERNING THE IMPLEMENTATION OF SECTION TWELVE HUNDRED TWEN- TY-NINE-E OF THIS CHAPTER AND SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW. SUCH REPORT SHALL INCLUDE INFORMATION ON: (A) THE AMOUNT OF FUNDS MADE AVAILABLE TO THE COMMISSIONER AND THE NEW YORK STATE THRUWAY AUTHORITY AND THE USE OF SUCH FUNDS; (B) HOW MANY SUMMONSES WERE ISSUED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-NINE-E OF THIS CHAPTER; (C) THE OPERATION OF THE GRANT PROGRAM ESTABLISHED PURSUANT TO PARA- GRAPH (B) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTA- TION LAW; (D) THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW; (E) THE SEVERITY AND FREQUENCY OF TRAFFIC INCIDENTS INVOLVING SNOW OR ICE NOT PROPERLY REMOVED FROM VEHICLES BEFORE AND AFTER THE IMPLEMENTA- TION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF THIS CHAPTER; AND (F) THE OPERATION OF SUCH SNOW AND ICE REMOVAL SITES ESTABLISHED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW AND THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW. S 4. The state finance law is amended by adding a new section 74-a to read as follows: S 74-A. SNOW AND ICE REMOVAL FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA- TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SNOW AND ICE REMOVAL FUND".
2. THE SNOW AND ICE REMOVAL FUND SHALL CONSIST OF ALL FINES CREDITED TO THE STATE FOR A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF THE VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS CREDITED OR TRANS- FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 3. MONEYS IN THE SNOW AND ICE REMOVAL FUND MAY BE INVESTED BY THE COMPTROLLER PURSUANT TO THE PROVISIONS OF SECTION NINETY-EIGHT-A OF THIS ARTICLE AND ANY INCOME RECEIVED BY THE COMPTROLLER FROM SUCH INVESTMENTS SHALL BE ADDED TO AND BECOME PART OF, AND SHALL BE USED FOR THE PURPOSES OF SUCH FUND. ALL DEPOSITS OF SUCH MONEY SHALL, IF REQUIRED BY THE COMP- TROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR SUCH DEPOSITS. 4. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE ALLOCATED UPON A CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET SOLELY FOR THE PURPOSES SET FORTH IN THIS SECTION. 5. MONEYS IN THE FUND SHALL BE ALLOCATED IN THE FOLLOWING MANNER: (A) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPARTMENT OF MOTOR VEHICLES FOR THE COLLECTION AND REPORTING OF DATA ON THE IMPLE- MENTATION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF THE VEHICLE AND TRAFFIC LAW. (B) TWENTY-FIVE PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF PARAGRAPH (A) OF SUBDI- VISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW. (C) TWENTY-FIVE PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE NEW YORK STATE THRUWAY AUTHORITY FOR PURPOSES OF SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW. (D) THIRTY PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPART- MENT OF TRANSPORTATION FOR THE GRANT PROGRAM ESTABLISHED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS- PORTATION LAW. (E) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPARTMENT OF TRANSPORTATION FOR THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS- PORTATION LAW. S 5. The public authorities law is amended by adding a new section 389 to read as follows: S 389. SNOW AND ICE REMOVAL SITES. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS PASSENGERS BY MOTOR VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR THE GENERAL PUBLIC ON AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR ROUTES OR ANY PERSON THAT TRANSPORTS PROPERTY BY MOTOR VEHICLE FOR COMPENSATION FOR THE GENERAL PUBLIC. IT SHALL INCLUDE A BUS LINE WHICH IS A MOTOR VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF VEHICLES HAVING A SEATING CAPACITY OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE PICKUP AND DISCHARGE POINTS ALONG DESIGNATED ROUTES; AND BY NO PREAR- RANGEMENTS OR RESERVATIONS BY PASSENGERS. 2. USING THE MONEYS ALLOCATED FROM THE SNOW AND ICE REMOVAL FUND ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW, THE AUTHORITY SHALL ESTABLISH SNOW AND ICE REMOVAL SITES FOR COMMON CARRIERS ON THE THRUWAY. THE AUTHORITY SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE PURCHASE, INSTALLATION AND OPERATION OF SNOW AND ICE REMOVAL EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS JURISDICTION AS THE AUTHORITY DEEMS APPROPRIATE.
S 6. The transportation law is amended by adding a new section 23 to read as follows: S 23. SNOW AND ICE REMOVAL. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMON CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS PASSENGERS BY MOTOR VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR THE GENERAL PUBLIC ON AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR ROUTES OR ANY PERSON THAT TRANSPORTS PROPERTY BY MOTOR VEHICLE FOR COMPENSATION FOR THE GENERAL PUBLIC. IT SHALL INCLUDE A BUS LINE WHICH IS A MOTOR VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF VEHICLES HAVING A SEATING CAPACITY OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE PICKUP AND DISCHARGE POINTS ALONG DESIGNATED ROUTES; AND BY NO PREARRANGEMENTS OR RESERVATIONS BY PASSENGERS. 2. USING THE MONEYS ALLOCATED FROM THE SNOW AND ICE REMOVAL FUND ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW, THE DEPARTMENT SHALL: (A) ESTABLISH SNOW AND ICE REMOVAL SITES FOR COMMON CARRIERS ON SUCH INTERSTATE AND STATE HIGHWAYS THAT ARE UNDER THE JURISDICTION OF THE DEPARTMENT. THE DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE PURCHASE, INSTALLATION AND OPERATION OF SNOW AND ICE REMOVAL EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS JURISDICTION AS THE COMMISSIONER DEEMS APPROPRIATE. (B) ESTABLISH AND ADMINISTER A SNOW AND ICE REMOVAL GRANT PROGRAM. THE DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (B) OF SUBDIVI- SION FIVE OF SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE PURPOSE OF PROVIDING COMMON CARRIERS WITH MATCHING FUNDS TO PURCHASE SNOW AND ICE REMOVAL EQUIPMENT; PROVIDED, HOWEVER, THAT (I) NO GRANT TO ANY COMMON CARRIER SHALL EXCEED TEN PERCENT OF THE TOTAL ALLOCATIONS FOR SUCH GRANT PROGRAM; (II) EACH APPLICANT SHALL BE ELIGIBLE TO RECEIVE ONLY ONE SUCH GRANT IN ANY TWENTY-FOUR MONTH PERIOD; (III) NO PART OF ANY SUCH GRANT SHALL BE USED FOR SALARIES OR ANY OTHER SERVICES OTHER THAN FOR THE PURCHASE AND INSTALLATION OF SNOW AND ICE REMOVAL EQUIPMENT; AND (IV) THE COMMON CARRIER HAS COMMITTED SUFFICIENT FUNDS TO FULFILL THE MATCH REQUIREMENTS OF THIS GRANT. (C) IMPROVE PUBLIC AWARENESS OF THE HAZARDS OF DRIVING WITH ACCUMU- LATIONS OF SNOW AND ICE ON THE ROOF OR CARGO BED SURFACES OF MOTOR VEHI- CLES AND THE PROHIBITION THEREOF. THE DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (E) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE PURPOSE OF SUCH PUBLIC AWARENESS CAMPAIGN THROUGH EDUCATIONAL AND INFORMATIONAL MATERIALS IN PRINT, AUDIO, VISUAL, ELECTRONIC OR OTHER MEDIA INCLUDING, BUT NOT LIMITED TO PUBLIC SERVICE ANNOUNCEMENTS AND ADVERTISEMENTS. S 7. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law; provided, however, that the amendments to section 200 of the vehicle and traffic law made by section three of this act shall expire and be deemed repealed Septem- ber 1, 2023.

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