Bill S7765-2013

Relates to the requirement for motor vehicle operators to clear accumulated snow and ice

Requires motor vehicle operators to clear accumulated snow and ice from such vehicles when operating on a street or highway of the state; includes fines and exceptions.

Details

Actions

  • Jun 5, 2014: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S7765

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring vehicles to be cleared of accumulated snow and ice

PURPOSE OR GENERAL IDEA OF BILL:

To facilitate safer roadways in the State.

SUMMARY OF PROVISIONS:

§ 1: Creates a violation of the VTL for failing to remove accumulated snow or ice from a motor vehicle where the snow or ice poses a threat to persons or property while vehicle is being operated. Violators will pay seventy five dollars.

Creates a violation of the VTL if accumulated snow or ice on a motor vehicle causes injury or property damage. Noncommercial drivers are subject to a fine between $200 and $1,000. Commercial drivers are subject to a fine between $500 and $1,200.

Exceptions. These violations will not apply during a period of snow or if the period began and continued during the operation of the vehicle, when the vehicle is parked or to emergency vehicles.

§ 2: Effective Date

JUSTIFICATION:

Snow or ice falling from cars while on slick and busy roads can lead to tragedy. The snow and ice could lead to impaired visibility and or significant property damages such as, but not limited to, severely cracked windshields. The two other tri-state area states, Connecticut and New Jersey have passed laws requiring snow and ice be removed from cars and it is time New York follows suit.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None known.

EFFECTIVE DATE:

This bill shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7765 IN SENATE June 5, 2014 ___________
Introduced by Sen. AVELLA -- 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 vehicles to be cleared of accumulated snow and ice 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 ACCUMULATED SNOW AND ICE. 1. A MOTOR VEHICLE OPERATOR SHALL REMOVE ACCUMULATED SNOW OR ICE ON SUCH MOTOR VEHICLE, INCLUDING BUT NOT LIMITED TO THE HOOD, TRUNK AND ROOF OF SUCH MOTOR VEHICLE, BEFORE OPERATING THE MOTOR VEHICLE ON ANY STREET OR HIGHWAY OF THIS STATE IN ORDER TO NOT POSE A THREAT TO OTHER PERSONS OR PROPERTY. ANY OPERATOR WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE FINED SEVENTY-FIVE DOLLARS. 2. AN OPERATOR OF A NON-COMMERCIAL MOTOR VEHICLE WHO VIOLATES THE PROVISIONS OF THIS SECTION WHERE SUCH VIOLATION RESULTS IN THE PERSONAL INJURY OR DAMAGE TO THE PROPERTY OF ANOTHER PERSON, SHALL BE FINED NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE. AN OPERATOR OF A COMMERCIAL MOTOR VEHICLE WHO VIOLATES THE PROVISIONS OF THIS SECTION WHERE SUCH VIOLATION RESULTS IN THE PERSONAL INJURY OR DAMAGE TO THE PROPERTY OF ANOTHER PERSON, SHALL BE FINED NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS FOR EACH OFFENSE. 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY: (A) DURING A PERIOD OF SNOW OR ICE, IF SUCH PERIOD BEGAN AND CONTINUED DURING THE TIME OF THE MOTOR VEHICLE'S OPERATION, OR (B) DURING THE TIME SUCH VEHICLE IS PARKED, OR (C) TO EMERGENCY VEHICLES AS DEFINED BY SECTION ONE HUNDRED ONE OF THIS CHAPTER. S 2. This act shall take effect immediately.

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