S T A T E   O F   N E W   Y O R K
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                                 5722--A
    Cal. No. 169

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 1, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
  first  and second report, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS SEVEN, EIGHT,
NINE,  TEN, ELEVEN AND TWELVE OF THIS SECTION, THE CALCULATION OF WEIGHT
PURSUANT TO SUCH SUBDIVISIONS SHALL EXCLUDE THE ACTUAL  WEIGHT,  NOT  TO
EXCEED FOUR HUNDRED POUNDS, OF A FULLY-FUNCTIONING IDLE REDUCTION DEVICE
INSTALLED  ON  A  VEHICLE OR COMBINATION OF VEHICLES THAT ARE SUBJECT TO
SUCH SUBDIVISIONS, PROVIDED THAT THE OPERATOR OF SUCH VEHICLE: (I) MAIN-
TAINS WRITTEN CERTIFICATION OF THE ACTUAL  WEIGHT  OF  SUCH  DEVICE  AND
ACCEPTABLE  PROOF  THAT  IT  IS FULLY FUNCTIONAL; AND (II) PROVIDES SUCH
CERTIFICATION AND PROOF, UPON REQUEST, TO A LAW ENFORCEMENT  OFFICER  OR
ANY  OTHER  OFFICER  OR  EMPLOYEE  AUTHORIZED  TO  ENFORCE THIS SECTION.
ACCEPTABLE PROOF OF THE FUNCTIONALITY OF SUCH DEVICE  SHALL  CONSIST  OF
WRITTEN  CERTIFICATION  FROM  THE  MANUFACTURER  OF  SUCH IDLE REDUCTION
DEVICE, PHYSICAL DEMONSTRATION, OR ANY OTHER DOCUMENTATION ACCEPTABLE TO
THE COMMISSIONER OF TRANSPORTATION AS MAY BE SET  FORTH  IN  REGULATIONS
PROMULGATED BY SUCH COMMISSIONER AFTER CONSULTATION WITH THE COMMISSION-
ER OF ENVIRONMENTAL CONSERVATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11833-05-0
              

S. 5722--A                          2

  (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:  (I) "AUXILIARY POWER UNIT" SHALL  MEAN  AN
INTEGRATED SYSTEM THAT (A) PROVIDES HEAT, AIR CONDITIONING, ENGINE WARM-
ING,  OR  ELECTRICITY TO COMPONENTS ON A VEHICLE WHICH IS SUBJECT TO THE
PROVISIONS  OF  THIS SECTION AND (B) IS CERTIFIED UNDER PART EIGHTY-NINE
OF TITLE FORTY OF THE CODE OF FEDERAL REGULATIONS (AS MAY FROM  TIME  TO
TIME  BE  AMENDED)  AS  MEETING  APPLICABLE EMISSION STANDARDS; AND (II)
"IDLE REDUCTION DEVICE" SHALL MEAN AN AUXILIARY   POWER  UNIT  OR  OTHER
TECHNOLOGY  THAT IS USED TO REDUCE LONG-DURATION IDLING (AS SUCH TERM IS
DEFINED IN PARAGRAPH SEVEN OF SUBDIVISION (A) OF SECTION  16104  OF  THE
UNITED  STATES  CODE AS MAY FROM TIME TO TIME BE AMENDED) AND ALLOWS FOR
THE MAIN DRIVE ENGINE OR AUXILIARY REFRIGERATION ENGINE TO BE SHUT DOWN.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.