Excludes idling reduction devices from the calculation of the weight of certain vehicles, provided that such devices do not increase the vehicle weight by more than 400 pounds and such devices are fully functional.
Ayes (60): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousin, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S5722
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to excluding idling reduction devices from the calculation of weight
PURPOSE OR GENERAL IDEA OF BILL : This legislation would exempt the weight of auxiliary power units (APU) from the weight restriction of commercial vehicles, up to a maximum of 400 pounds.
SUMMARY OF SPECIFIC PROVISIONS : Section 385 of the Vehicle and Traffic Law is amended by adding a new section 10-a to read as follows:
10-a: Notwithstanding the maximum weight limitations of trucks contained in subdivisions 7, 8, 9, and 10 of this section and the penalties imposed by subdivision 19 of this section, the calculation of weight for the purposes of subdivisions 7 through 12 of this section shall not include the weight of an idling reflection device, subject to the following provisions:
(a) The maximum weight increase shall not be greater than 400 pounds.
(b) Upon request by a regulatory or law enforcement agency, the truck operator shall provide proof (through demonstration or certification) that (i) the idle reduction device is fully functional at all times and (ii) the gross weight increase is not used for any purpose other than the use of idling reduction device.
(c) For the purposes of this section, "idling reduction device" means any device or system of devices that is (A) installed on a new or used heavy duty truck that is registered in this state, (B) designed to reduce long-duration idling of such vehicle at a motor vehicle rest stop or other location where such vehicles are temporality parked or remain stationary, and is designed to provide to such vehicle those services (such as heat, air conditioning, or electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary.
JUSTIFICATION : This legislation will enhance air quality and help to eliminate the idling of commercial motor vehicles. Auxiliary power units are used to provide heating, cooling, and electricity to the sleeper cabs of trucks. The use of these units eliminates the need for a commercial vehicle to idle while the driver meets his federally and state mandated rest periods. Without an APU, a truck would need to run its diesel engine to provide the necessary heating or cooling so that a drive would be able to safely and comfortably meet his or her rest requirements. An APU can weigh up to 400 lbs. The passage of this legislation will mean that the installation of an APU will not diminish the amount of freight that a truck can legally carry. While 400 lbs. may not seem like a significant amount, it can easily translate to an additional pallet of freight. The loss of one pallet may also not seem like a significant amount, but when multiplied over thousands of trips, this loss of freight can make the difference between a profit and a loss.
PRIOR LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This bill will take effect immediately upon becoming law.
STATE OF NEW YORK ________________________________________________________________________ 5722 2009-2010 Regular Sessions IN SENATE June 1, 2009 ___________Introduced by Sen. VALESKY -- 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 excluding idling reduction devices from the calculation of weight THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 385 of the vehicle and traffic law is amended by adding a new subdivision 10-a to read as follows: 10-A. NOTWITHSTANDING THE MAXIMUM WEIGHT LIMITATIONS OF TRUCKS CONTAINED IN SUBDIVISIONS SEVEN, EIGHT, NINE AND TEN OF THIS SECTION AND THE PENALTIES IMPOSED BY SUBDIVISION NINETEEN OF THIS SECTION, THE CALCULATION OF WEIGHT FOR THE PURPOSES OF SUBDIVISIONS SEVEN, EIGHT, NINE, TEN, ELEVEN AND TWELVE OF THIS SECTION SHALL NOT INCLUDE THE WEIGHT OF AN IDLING REDUCTION DEVICE, SUBJECT TO THE FOLLOWING PROVISIONS: (A) THE MAXIMUM WEIGHT INCREASE SHALL BE NOT GREATER THAN FOUR HUNDRED POUNDS. (B) UPON REQUEST BY A REGULATORY OR LAW ENFORCEMENT AGENCY, THE TRUCK OPERATOR SHALL PROVIDE PROOF (THROUGH DEMONSTRATION OR CERTIFICATION) THAT (I) THE IDLE REDUCTION DEVICE IS FULLY FUNCTIONAL AT ALL TIMES AND (II) THE GROSS WEIGHT INCREASE IS NOT USED FOR ANY PURPOSE OTHER THAN THE USE OF IDLING REDUCTION DEVICE. (C) FOR THE PURPOSES OF THIS SECTION, "IDLING REDUCTION DEVICE" MEANS ANY DEVICE OR SYSTEM OF DEVICES THAT IS (I) INSTALLED ON A NEW OR USED HEAVY DUTY TRUCK THAT IS REGISTERED IN THIS STATE, (II) DESIGNED TO REDUCE LONG-DURATION IDLING OF SUCH VEHICLE AT A MOTOR VEHICLE REST STOP OR OTHER LOCATION WHERE SUCH VEHICLES ARE TEMPORARILY PARKED OR REMAIN STATIONARY, AND (III) DESIGNED TO PROVIDE TO SUCH VEHICLE THOSE SERVICES (SUCH AS HEAT, AIR CONDITIONING, OR ELECTRICITY) THAT WOULD OTHERWISE REQUIRE THE OPERATION OF THE MAIN DRIVE ENGINE WHILE THE VEHICLE IS TEMPORARILY PARKED OR REMAINS STATIONARY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11833-01-9