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.
BILL NUMBER: S5226A
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
PURPOSE OR GENERAL IDEA OF BILL : To help prevent dangerous distractions or accidents from blinding snow 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.
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 falling from the top of other cars or trucks can cause damage or accidents to vehicles traveling behind. This legislation would create the responsibility of making sure every vehicle is safe for traveling on the road.
PRIOR LEGISLATIVE HISTORY : A.6270 of 2005-2006 A.1743 of 2003-2004 A.9910 of 2001-2002
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : First of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5226--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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. 4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06338-04-9 S. 5226--A 2
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.