Requires the use of rear wheel guards on certain vehicles.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring the use of rear wheel guards on certain vehicles
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the Amara Diarrassouba Life Saving Track Guard Law.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the vehicle and traffic law by adding a new subdivision 10-f. Requires certain vehicles that are operated within a city having a population of one million or more to be equipped with rear wheel guards on the rear wheels of such vehicles.
Section 2. Provides for this act to be repealed if it renders New York state ineligible for federal funds.
Section 3. Severability Clause
Section 4. Effective Date
Amar Diarrassouba was a six year old boy who was hit by the back of a tractor-trailer on his way to school as he crossed the street at the intersection of 117th Street and First Avenue on February 28, 2013. Amar was pronounced dead of his injuries a short time later at Harlem Hospital. He and his older brother were less than one block from their school, P.S. 155, when the tragedy occurred.
Amar's tragic death might have been avoided if the tractor-trailer had been equipped with protective rear-wheel guards. There are estimates that ten children die each year in New York City as a result of these types of accidents because rear wheel guards are not mandatory. Legislation was signed into law in 2011 that requires convex mirrors to be placed on the front of tractor trailers, but the mirrors on the front of the truck that killed Amar did not save his life.
This legislation closely follows the statute that was signed into law in 2011 requiring the placement of front convex mirrors on tractor-trailers and other vehicles, except that it now requires the placement of rear wheel guards.
PRIOR LEGISLATIVE HISTORY:
None to State.
On the 180th day after it shall have become law
STATE OF NEW YORK ________________________________________________________________________ 4326 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________Introduced by Sen. DIAZ -- 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 use of rear wheel guards on certain vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Amara Diarrassouba life saving truck guard law". S 2. Section 375 of the vehicle and traffic law is amended by adding a new subdivision 10-f to read as follows: 10-F. 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 CONT- ROLLED-ACCESS HIGHWAYS, SHALL BE EQUIPPED WITH REAR WHEEL GUARDS ON THE REAR WHEELS OF SUCH VEHICLE OR COMBINATION OF VEHICLES. S 3. 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 4. 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 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09940-02-3 S. 4326 2
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 three 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.