Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without the use of a proper restraint mechanism, as approved by the commissioner of motor vehicles.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the transportation of loose substances in open vehicles
PURPOSE OR GENERAL IDEA OF BILL: To require commercial operators to use safeguards, approved by the commissioner of transportation, that would prevent loose substances from becoming dislodged or removed during transport in an open vehicle and prevent substances from being thrown by the vehicle's wheels during travel.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the vehicle and traffic law by requiring the use of a mechanism, approved by the commissioner of transportation, by all commercial operators transporting loose substances in an open vehicle.
The section also requires the use of tire guards that will prevent objects from being thrown by the wheels of the vehicle during travel
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would amend the law to require the use of a tarp or like device by all commercial operators transporting loose substances in an open truck or trailer The present law requires the use of a tarp only when open trucks or trailers transports loose substances on public highways.
The bill would also remove a loophole that prevents the enforcement of the statute when loose substances are arranged in a manner preventing the substances from becoming dislodged or removed from the trailer during transport.
Furthermore, the bill would create a section that would require the use of tire guards to prevent objects from being thrown by the vehicle's wheels during travel.
JUSTIFICATION: On February 16, 2004, Credo Veira, a seventy-seven year old grandmother living in Brooklyn, was killed when a rock crashed into her car from a dump truck traveling on a bridge overhead While deaths such as Mrs. Veria's are unusual, it does demonstrate the need for effective precautions that would prevent debris from falling out of open vehicles. Transporting loose substances usually results in small amounts of debris falling to the road, but it can also involve large objects that can cause serious physical injury or death. In addition, a driver's negligence in securing loose cargo can also cause varying degrees of damages to personal property and dirty public roads. Given the potential for harm to persons and property, it is necessary to require all commercial operators of motor vehicles that transport loose substances in open vehicles to use reasonable methods, as determined by the commissioner of transportation, that will prevent loose substances from becoming dislodged or removed from the truck during transport. The current law must also be amended to prohibit
the transportation of loose substances that are arranged in a manner that the operator believes would not allow those substances to fall from or blowout of the open vehicle. This loophole endangers the public by allowing loose substances to be transported in an open vehicle without the protection of the necessary safeguards required by this bill.
LEGISLATIVE HISTORY: S.2496 of 2008 01/09/08 Referred to Transportation S.105 of 2009 01/07/09 Referred to Transportation 02/04/09 Amend and Recommit to Transportation 02/04/09 Print Number 105A 02/25/09 Amend and Recommit to Transportation 02/25/09 Print Number 105B 01/06/10 Referred to Transportation S.1622 of 2011 01/10/11 Referred to Transportation 01/04/12 Referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect one year after it becomes law.4
STATE OF NEW YORK ________________________________________________________________________ 656 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SAMPSON -- 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 the trans- portation of loose substances in open vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 380-a of the vehicle and traffic law, as added by chapter 418 of the laws of 1975 and subdivision 1 as amended by chapter 369 of the laws of 1987, is amended to read as follows: S 380-a. Certain vehicles engaged in the transportation of loose cargo. 1. It shall be unlawful
[to operate on any public highway any open truck or trailer being utilized for the transportation of any loose substances, unless said truck or trailer has a cover, tarpaulin or other device of a type and specification approved by the commissioner of transportation which completely closes in the opening on the said truck or trailer while said truck or trailer shall be so operated, so as to prevent the falling of any such substances therefrom. However, if the load is arranged so that no loose substance can fall from or blow out of such truck, the covering is not necessary.]FOR A COMMERCIAL OPERATOR OF A MOTOR VEHICLE TO TRANSPORT LOOSE SUBSTANCES IN AN OPEN VEHICLE WITHOUT THE USE OF A MECHANISM, APPROVED BY THE COMMISSIONER OF TRANSPORTATION, TO PREVENT LOOSE SUBSTANCES FROM BECOMING DISLODGED OR REMOVED FROM SUCH VEHICLE DURING TRANSPORT. 2. IT SHALL BE UNLAWFUL FOR A COMMERCIAL OPERATOR OF A MOTOR VEHICLE TO TRANSPORT LOOSE SUBSTANCES IN A VEHICLE WITHOUT THE USE OF SPLASH GUARDS, APPROVED BY THE COMMISSIONER OF MOTOR VEHICLES, TO PREVENT SUBSTANCES FROM BEING THROWN BY SUCH VEHICLE DURING TRAVEL. [2.]3. The commissioner of transportation is authorized to make necessary rules and regulations to carry into effect the provisions of this section, applying such provisions to specific conditions and loadsEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01780-01-3 S. 656 2
and prescribing means, methods and practices to effectuate such provisions.
[3.]4. The provisions of this section shall not apply to motor vehi- cles, trailers and semitrailers conveying "farm products" as defined in section two of the agriculture and markets law. S 2. This act shall take effect one year after it shall have become a law.