Relates to restricting access of commercial vehicles.
BILL NUMBER: S7177 REVISED 05/10/10
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to restricting access of commercial vehicles
PURPOSE OR GENERAL IDEA OF BILL : To establish that no commercial vehicle shall be restricted in the use of state of state highways without proper evidence of a safety concern.
SUMMARY OF SPECIFIC PROVISIONS : This bill amends Section 1621(a)(9) of the Vehicle and Traffic Law by providing that commercial vehicles be excluded from highways,only for public safety, requires the Department of Transportation to issue a finding showing a public safety problem, that the exclusion will adequately address the problem and that other mitigating factors failed.
JUSTIFICATION : Proposed regulations being reviewed by the Department of Transportation (DOT) would restrict trucks over 45 feet in length access to certain routes within the Finger Lakes Region. These regulations will have negative financial implications and unintended consequences on New York's agricultural economy and commercial trucking industry.
The New York Farm Bureau has identified several specific cases where farms would see increased costs under the proposed draft regulations which range from 540,000 to almost $1 million per year. These are costs that would be directly absorbed by New York farmers who often cannot pass increases on to consumers.
The commercial trucking industry provides a vital service to businesses and communities across New York State. Trucks transport over 91 percent of manufactured goods in New York and nearly 90 percent of communities in the state rely solely on trucks to move their goods. Trucks pay approximately 32 percent of all taxes and fees owed by New York State motorists but account for only 7.8 percent of vehicle miles driven.
Excluding trucks from roads drives up costs to the trucking industry through increased fuel use, added miles and wear on trucks, and additional driver work hours. Forcing trucks to drive longer routes also increases the amount of emissions.
The trucking industry in New York continually faces increased registration and toll fees, a ton-mile tax that is exclusive to New York and only a few other states, and higher than average diesel fuel costs. Excluding trucks from routes in New York absent reasons of public safety will further the decline of the industry in New York, increase the costs to deliver goods and require those additional costs be passed on to consumers. Because trucks transport so much of our goods, those increased costs may be seen in everything from food at a local grocery store to the construction of a new home.
This legislation will ensure that any decision to restrict truck access is based on demonstrated reasons of safety.
PRIOR LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately, and be deemed to have been in full force and effect on February 11, 2010.
STATE OF NEW YORK ________________________________________________________________________ 7177 IN SENATE March 18, 2010 ___________Introduced by Sen. DILAN -- 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 restricting access of commercial vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 9 of subdivision (a) of section 1621 of the vehi- cle and traffic law, as amended by chapter 1008 of the laws of 1983, is amended to read as follows: 9. Exclude trucks, commercial vehicles, tractors, tractor-trailer combinations, tractor-semitrailer combinations, or tractor-trailer-semi- trailer combinations from highways specified by the commissioner. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehi- cles and combinations are otherwise excluded AND SHALL BE DONE ONLY FOR REASONS OF PUBLIC SAFETY. PRIOR TO THE IMPLEMENTATION OF AN EXCLUSION THE COMMISSIONER SHALL ISSUE A FINDING SHOWING (I) A DEMONSTRATED PUBLIC SAFETY HAZARD, (II) SUCH A RESTRICTION WILL ADEQUATELY ADDRESS THAT PUBLIC SAFETY HAZARD AND (III) OTHER MITIGATING ACTIONS HAVE BEEN ATTEMPTED AND FAILED. SUCH MITIGATING ACTIONS CAN INCLUDE BUT ARE NOT LIMITED TO SPEED ZONE ENFORCEMENT, TRAFFIC REGULATION ENFORCEMENT AND ADDITIONAL SIGNAGE. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after February 11, 2010.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16297-01-0