Requires the surfaces of non-commercial vehicles and commercial vehicles with a gross vehicle weight rating of ten thousand pounds or less to be cleared of accumulated snow, sleet or hail; exempts any automobile transporter, motorcycle or authorized emergency vehicle; imposes fines.
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: This bill will require the surfaces of non-commercial vehicles to be cleared of accumulated snow, sleet or hail.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends the vehicle and traffic law by adding a new section 1229-e which requires the removal of snow, sleet or hail from any non-commercial, or commercial vehicle weighing less than ten thousand pounds traveling on a public street or highway.
2. This section shall not apply during the falling of snow.
3. This section provides for a penalty of not less than fifty ($50) nor more than one hundred and fifty ($150) dollars, excluding disabled operators.
4. This section provides for a penalty of no less than two hundred fifty ($250) dollars and no more than five hundred ($500) dollars if the violation of this act results in an injury to another person, or another person's property, including applying a one point value to the individual's license.
5. This section provides for a penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) if the violation of this act results in serious physical injury to another person. Additionally, a violation of this section includes an application of two license points.
6. The provisions of this act shall not apply to any automobile transporter, motorcycle or authorized emergency vehicle This bill also amends section 125 of the vehicle and traffic law to include the provisions of this bill.
JUSTIFICATION: This bill provides a disincentive for motorists leave a build-up of snow, sleet or hail on their vehicles which could potentially injury other motorists or their vehicles. With near record snow accumulation, motorists should feel compelled to remove snow from their vehicles to prevent damage.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4284 2011-2012 Regular Sessions IN SENATE March 28, 2011 ___________Introduced by Sen. MARTINS -- 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 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 OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08266-02-1 S. 4284 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.