Bill S6648-2013

Requires certain vehicles to be equipped with side under-ride guards

Requires certain vehicles to be equipped with side under-ride guards.

Details

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  • Feb 21, 2014: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S6648

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring certain vehicles to be equipped with side under-ride guards

PURPOSE OR GENERAL IDEA OF BILL:

Requires every truck, tractor, and tractor-trailer or semi-trailer combination registered in New York which meets certain conditions to be equipped with side under-ride guards while operating in New York City on highways other than controlled-access highways.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Section 375 of the vehicle and traffic law by adding a new subdivision 10-f. This subdivision mandates that certain vehicles be equipped with side under-ride guards while in operation on New York City highways, and directs the Commissioner of the NYS Department of Motor Vehicles, in consultation with the Commissioner of the NYS Department of Transportation, to promulgate rules and regulations for the proper standards and specifications of the side under-ride guards.

Section 2 of the bill states that the act will be repealed if any federal agency or court determines that the act would render New York State ineligible for the receipt of federal funds.

Section 3 of the bill is a severability clause.

Section 4 of the bill states that the bill shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, 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 occurrence of the provisions of section two 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.

JUSTIFICATION:

Accidents involving large vehicles like tractor-trailers are three times as likely to result in the death of a pedestrian than accidents only involving passenger vehicles. This bill would ensure that large trucks driving on the streets of New York City are equipped with features designed to protect the safety of pedestrians, cyclists, and other vehicles.

This bill requires New York State-registered trucks, tractors, and tractor-trailers weighing 26,000 pounds or more to be equipped with side under-ride guards when operated in New York City. Such guards are required in Japan and several European nations, and can greatly reduce

fatalities by keeping pedestrians, cyclists, and other vehicles from sliding under the side of large trucks.

This bill is modeled after the legislation that was enacted in 2011 requiring the same classification of vehicles to have convex mirrors installed when traversing the streets of New York City. There is a provision stating that if this legislation jeopardizes the state's eligibility for federal funds, it shall be repealed.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after. it shall have become a law; provided, however, that effective immediately, 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 occurrence of the provisions of section two 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6648 IN SENATE February 21, 2014 ___________
Introduced by Sen. HOYLMAN -- 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 certain vehicles to be equipped with side under-ride guards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 SIDE UNDER-RIDE GUARDS AFFIXED TO THE SIDES OF SUCH VEHICLES IN A MANNER CONSISTENT WITH RULES AND REGULATIONS THAT SHALL BE PROMULGATED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION. S 2. 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 3. 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 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- 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 two 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.

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