NY State Senate Bill 2015-S5757B

Senate Bill S5757B

2015-2016 Legislative Session

Authorizes and regulates the operation of commercial vehicles directly engaged in a critical service business activity on state highways and parkways

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	referred to transportation delivered to assembly passed senate
May 23, 2016	ordered to third reading cal.998 committee discharged and committed to rules
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 16, 2015	referred to transportation delivered to assembly passed senate ordered to third reading cal.1689
Jun 10, 2015	print number 5757b
Jun 10, 2015	amend and recommit to rules
Jun 09, 2015	print number 5757a
Jun 09, 2015	amend and recommit to rules reported and committed to rules
Jun 02, 2015	referred to transportation

Votes

- Jun 2, 2016 - Floor Vote
  S5757B
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (4)
      
      Croci
      
      Diaz
      
      Panepinto
      
      Parker
  Jun 16, 2015 - Floor Vote
  S5757B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 9, 2015 - Transportation Committee Vote
  S5757B
  
  14
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jun 9, 2015
      
      aye (14)
      
      Avella
      
      Diaz
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Nozzolio
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (5)
      
      Dilan
      
      Martins
      
      Panepinto
      
      Perkins
      
      Squadron
  May 23, 2016 - Rules Committee Vote
  S5757B
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 23, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Krueger
  Jun 16, 2015 - Rules Committee Vote
  S5757B
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Dilan
      
      Gianaris
      
      Perkins

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S5757 - Details

See Assembly Version of this Bill:: A8119
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1621, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S284

2015-S5757 - Summary

Authorizes and regulates the operation of commercial vehicles directly engaged in a critical service business activity on state highways and parkways which are subject to the jurisdiction of the department of transportation.

2015-S5757 - Sponsor Memo

                                BILL NUMBER:S5757

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to exceptions from prohibitions on the operation of
commercial vehicles on certain state highways and parkways

PURPOSE:

To provide for limited access to the State's parkway system by light
duty commercial vehicles engaged in the direct performance of a
critical service business, such as electric/gas utility,
telecommunication or wireless infrastructure.

SUMMARY OF PROVISIONS:

This bill amends § 1621 of the Vehicle and Traffic Law to authorize
limited access to the State's parkways by light duty commercial
vehicles engaged directly in the performance of critical service
business, i.e., improvement, repairs and maintenance of equipment or
property of an electric corporation, gas corporation, combined
electric and gas corporation, telecommunication corporation,
transportation corporation, or wireless communication service
supplier.

Such access will only be allowed when:

*the vehicle is registered or leased to a critical service business;

*the operator has in his or her possession a valid work order;

*the vehicle has a gross vehicle weight rating of less than 8,500
lbs.;

*the vehicle meets the height restrictions for any such parkway;

*the vehicle is operating with all external running lights on and an
amber revolving light located on the roof of the vehicle is engaged;
and

*the vehicle is subject to an approved certificate of insurance.

JUSTIFICATION:

The State's parkway system is comprised of a series of four-lane roads
that were originally created to provide for a scenic route into and
out of New York City. The first part of the system dates back to 1908.
While many of these parkways were originally constructed by regional
agencies, the vast majority are now overseen by State DOT.

Today, the parkways are functionally equivalent to freeways and
expressways, but with a few nuances that distinguish them. For
example, many do not have shoulders, creating a sense that the lanes
are narrower; and they often meander on a less direct, but more scenic
route with generally more curves than a modern expressway.  Most
importantly, these parkways were designed with low, Often decorative
overpasses that, by their very nature, excluded trucks, tractor
trailers and large commercial vehicles. As a result, NYSDOT has, by


regulation, banned commercial traffic from the parkways over which it
has jurisdiction.

However, as transportation patterns and consumer tastes have evolved
over the past 100 years, the traditional passenger car has given way
to pick-up trucks and SUVs registered for passenger use, creating
something of an anomaly. Identical vehicles with commercial plates
continue to be prohibited-while their passenger-plated counterparts
continue to have unfettered access to the parkways. Thus, while the
case for keeping trucks off of the parkways continues to constitute an
engineering necessity, the absolute ban on light-duty "commercial
vehicles" does not.

The real world impact of this regulation has been to force light duty
vehicles, seeking to reach critical infrastructure for repairs or
maintenance, on to local roads, adding hours of unnecessary travel
time, slowing repairs, and, in some cases, threatening public safety.
This is not only inefficient, but can be dangerous if the maintenance
or repairs are of an urgent nature.

This measure addresses these issues by providing very limited
exceptions to the commercial ban by allowing those vehicles, the
weight and dimensions of which would allow them to be registered as
passenger vehicles, and which are performing an essential function
pursuant to a work order, to access the parkway system. The
requirements for access are of such a nature as to provide for easy
and adequate enforcement of the provisions.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately

2015-S5757 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5757

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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  exceptions
  from  prohibitions  on the operation of commercial vehicles on certain
  state highways and parkways

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs 9 and 22 of subdivision (a) of section 1621 of
the vehicle and traffic law, paragraph 9 as amended and paragraph 22  as
added  by  chapter  1008  of  the  laws  of 1983, are 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, NOR SHALL  SUCH  EXCLUSION
APPLY TO CERTAIN COMMERCIAL VEHICLES DIRECTLY ENGAGED IN THE PERFORMANCE
OF A CRITICAL SERVICE BUSINESS AND SUBJECT TO A VALID WORK ORDER.
  22.  Exclude  trucks,  commercial  vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
trailer combinations in excess  of  any  designated  weight,  designated
length,  designated height, or eight feet in width, from highways or set
limits on hours of operation of such vehicles on particular state  high-
ways or segments of such highways. Such exclusion shall not be construed
to prevent the delivery or pickup of merchandise or other property along
the  highways  from  which  such  vehicles or combinations are otherwise
excluded, NOR SHALL SUCH EXCLUSION APPLY TO CERTAIN COMMERCIAL  VEHICLES
DIRECTLY  ENGAGED  IN THE PERFORMANCE OF A CRITICAL SERVICE BUSINESS AND
SUBJECT TO A VALID WORK ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11434-01-5

S. 5757                             2

  S 2. Section 1621 of the vehicle and traffic law is amended by  adding
a new subdivision (e) to read as follows:
  (E)  1.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, AND
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN PARAGRAPH TWO  OF  THIS
SUBDIVISION,  NO  RULE OR REGULATION OF THE DEPARTMENT OF TRANSPORTATION
OR THE OFFICE OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  SHALL
EXCLUDE  FROM ANY STATE HIGHWAY OR PARKWAY A COMMERCIAL VEHICLE DIRECTLY
ENGAGED IN THE PERFORMANCE OF A CRITICAL  SERVICE  BUSINESS.    FOR  THE
PURPOSES  OF  THIS  SECTION,  "CRITICAL SERVICE BUSINESS" SHALL MEAN THE
IMPROVEMENT, REPAIR OR MAINTENANCE OF THE PROPERTY OR  EQUIPMENT  OF  AN
ELECTRIC  CORPORATION, GAS CORPORATION, COMBINED ELECTRIC AND GAS CORPO-
RATION OR TELECOMMUNICATIONS CORPORATION, AS THOSE TERMS ARE DEFINED  IN
THE  PUBLIC SERVICE LAW, A TRANSPORTATION CORPORATION, AS DEFINED IN THE
TRANSPORTATION CORPORATION LAW,  OR  A  WIRELESS  COMMUNICATION  SERVICE
SUPPLIER,  AS  DEFINED  IN 47 USC S 332(D) AS AMENDED FROM TIME TO TIME.
THE TERM "DIRECTLY ENGAGED"  SHALL  INCLUDE  TRANSIT  TO  AND  FROM  ANY
IMPROVEMENT, REPAIR OR MAINTENANCE SUBJECT TO A VALID WORK ORDER.
  2. NO COMMERCIAL VEHICLE SHALL BE SUBJECT TO AN EXCLUSION AS SET FORTH
IN  PARAGRAPH ONE OF THIS SUBDIVISION UNLESS THE OPERATION OF SUCH VEHI-
CLE ON A STATE HIGHWAY OR PARKWAY MEETS THE FOLLOWING TERMS  AND  CONDI-
TIONS:
  (I)  THE  VEHICLE  IS REGISTERED OR LEASED TO A VALID CRITICAL SERVICE
BUSINESS;
  (II) THE OPERATOR HAS IN HIS OR HER POSSESSION A VALID WORK  ORDER  TO
CONDUCT A CRITICAL BUSINESS SERVICE;
  (III) THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF LESS THAN EIGHT
THOUSAND FIVE HUNDRED POUNDS;
  (IV) THE VEHICLE MEETS THE HEIGHT RESTRICTIONS FOR ANY SUCH HIGHWAY OR
PARKWAY;
  (V)  THE  VEHICLE IS OPERATING WITH ALL EXTERNAL RUNNING LIGHTS ON AND
AN AMBER REVOLVING LIGHT LOCATED ON THE ROOF OF THE VEHICLE IS  ENGAGED;
AND
  (VI) THE VEHICLE IS SUBJECT TO AN APPROVED CERTIFICATE OF INSURANCE.
  3.  NOTHING  CONTAINED  IN  THIS SECTION SHALL BE DEEMED TO IMPAIR THE
ABILITY OF THE GOVERNOR TO WAIVE ALL RESTRICTIONS  FOR  OPERATION  ON  A
STATE HIGHWAY PURSUANT TO A DECLARED STATE OF EMERGENCY.
  S 3. This act shall take effect immediately.

co-Sponsors

2015-S5757A - Details

See Assembly Version of this Bill:: A8119
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1621, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S284

2015-S5757A - Summary

2015-S5757A - Sponsor Memo

                                 BILL NUMBER:  S5757A

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to exceptions
from prohibitions on the operation of commercial vehicles on certain
state highways and parkways

 PURPOSE :

To provide for limited access to the State's parkway system by light
duty commercial vehicles engaged in the direct performance of a
critical service business, such as electric/gas utility,
telecommunication or wireless infrastructure.

 SUMMARY OF PROVISIONS :

This bill amends § 1621 of the Vehicle and Traffic Law to authorize
limited access to the State's parkways by light duty commercial
vehicles engaged directly in the performance of critical service
business, i.e., improvement, repairs and maintenance of equipment or
property of an electric corporation, gas corporation, combined
electric and gas corporation, cable television company,
telecommunication corporation, transportation corporation, or wireless
communication service supplier.

Such access will only be allowed when:

*the vehicle is registered or leased to a critical service business;
*the operator has in his or her possession a valid work order;
*the vehicle has a gross vehicle weight rating of less than 8,500
lbs.;
*the vehicle meets the height restrictions for any such parkway;
*the vehicle is operating with all external running lights on and an
amber revolving light located on the roof of the vehicle is engaged;
and
*the vehicle is subject to an approved certificate of insurance.

 JUSTIFICATION :

The State's parkway system is comprised of a series of four-lane roads
that were originally created to provide for a scenic route into and
out of New York City. The first part of the system dates back to 1908.
While many of these parkways were originally constructed by regional
agencies, the vast majority are now overseen by State DOT.

Today, the parkways are functionally equivalent to freeways and
expressways, but with a few nuances that distinguish them. For
example, many do not have shoulders, creating a sense that the lanes
are narrower; and they often meander on a less direct, but more scenic
route with generally more curves than a modern expressway.  Most
importantly, these parkways were designed with low, often decorative
overpasses that, by their very nature, excluded trucks, tractor
trailers and large commercial vehicles. As a result, NYSDOT has, by
regulation, banned commercial traffic from the parkways over which it
has jurisdiction.

However, as transportation patterns and consumer tastes have evolved
over the past 100 years, the traditional passenger car has given way
to pick-up trucks and SUVs registered for passenger use, creating
something of an anomaly. Identical vehicles with commercial plates
continue to be prohibited-while their passenger-plated counterparts
continue to have unfettered access to the parkways. Thus, while the
case for keeping trucks off of the parkways continues to constitute an
engineering necessity, the absolute ban on light-duty "commercial
vehicles" does not.
The real world impact of this regulation has been to force light duty
vehicles, seeking to reach critical infrastructure for repairs or
maintenance, on to local roads, adding hours of unnecessary travel
time, slowing repairs, and, in some cases, threatening public safety.
This is not only inefficient, but can be dangerous if the maintenance
or repairs are of an urgent nature.

This measure addresses these issues by providing very limited
exceptions to the commercial ban by allowing those vehicles, the
weight and dimensions of which would allow them to be registered as
passenger vehicles, and which are performing an essential function
pursuant to a work order, to access the parkway system. The
requirements for access are of such a nature as to provide for easy
and adequate enforcement of the provisions.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately

2015-S5757A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5757--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sens.  MURPHY, GRIFFO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee and committed to the  Committee
  on  Rules  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  exceptions
  from  prohibitions  on the operation of commercial vehicles on certain
  state highways and parkways

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs 9 and 22 of subdivision (a) of section 1621 of
the vehicle and traffic law, paragraph 9 as amended and paragraph 22  as
added  by  chapter  1008  of  the  laws  of 1983, are 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, NOR SHALL  SUCH  EXCLUSION
APPLY TO CERTAIN COMMERCIAL VEHICLES DIRECTLY ENGAGED IN THE PERFORMANCE
OF A CRITICAL SERVICE BUSINESS AND SUBJECT TO A VALID WORK ORDER.
  22.  Exclude  trucks,  commercial  vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
trailer combinations in excess  of  any  designated  weight,  designated
length,  designated height, or eight feet in width, from highways or set
limits on hours of operation of such vehicles on particular state  high-
ways or segments of such highways. Such exclusion shall not be construed
to prevent the delivery or pickup of merchandise or other property along
the  highways  from  which  such  vehicles or combinations are otherwise
excluded, NOR SHALL SUCH EXCLUSION APPLY TO CERTAIN COMMERCIAL  VEHICLES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11434-02-5

S. 5757--A                          2

DIRECTLY  ENGAGED  IN THE PERFORMANCE OF A CRITICAL SERVICE BUSINESS AND
SUBJECT TO A VALID WORK ORDER.
  S  2. Section 1621 of the vehicle and traffic law is amended by adding
a new subdivision (e) to read as follows:
  (E) 1. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  AND
SUBJECT  TO  THE TERMS AND CONDITIONS SET FORTH IN PARAGRAPH TWO OF THIS
SUBDIVISION, NO RULE OR REGULATION OF THE DEPARTMENT  OF  TRANSPORTATION
OR  THE  OFFICE  OF  PARKS,  RECREATION  AND HISTORIC PRESERVATION SHALL
EXCLUDE FROM ANY STATE HIGHWAY OR PARKWAY A COMMERCIAL VEHICLE  DIRECTLY
ENGAGED  IN  THE  PERFORMANCE  OF A CRITICAL SERVICE BUSINESS.   FOR THE
PURPOSES OF THIS SECTION, "CRITICAL SERVICE  BUSINESS"  SHALL  MEAN  THE
IMPROVEMENT,  REPAIR  OR  MAINTENANCE OF THE PROPERTY OR EQUIPMENT OF AN
ELECTRIC CORPORATION, GAS CORPORATION, COMBINED ELECTRIC AND GAS  CORPO-
RATION,  CABLE  TELEVISION COMPANY OR TELECOMMUNICATIONS CORPORATION, AS
THOSE TERMS ARE DEFINED IN THE  PUBLIC  SERVICE  LAW,  A  TRANSPORTATION
CORPORATION,  AS  DEFINED  IN  THE  TRANSPORTATION CORPORATION LAW, OR A
WIRELESS COMMUNICATION SERVICE SUPPLIER, AS DEFINED IN 47 USC  S  332(D)
AS  AMENDED FROM TIME TO TIME. THE TERM "DIRECTLY ENGAGED" SHALL INCLUDE
TRANSIT TO AND FROM ANY IMPROVEMENT, REPAIR OR MAINTENANCE SUBJECT TO  A
VALID WORK ORDER.
  2. NO COMMERCIAL VEHICLE SHALL BE SUBJECT TO AN EXCLUSION AS SET FORTH
IN  PARAGRAPH ONE OF THIS SUBDIVISION UNLESS THE OPERATION OF SUCH VEHI-
CLE ON A STATE HIGHWAY OR PARKWAY MEETS THE FOLLOWING TERMS  AND  CONDI-
TIONS:
  (I)  THE  VEHICLE  IS REGISTERED OR LEASED TO A VALID CRITICAL SERVICE
BUSINESS;
  (II) THE OPERATOR HAS IN HIS OR HER POSSESSION A VALID WORK  ORDER  TO
CONDUCT A CRITICAL BUSINESS SERVICE;
  (III) THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF LESS THAN EIGHT
THOUSAND FIVE HUNDRED POUNDS;
  (IV) THE VEHICLE MEETS THE HEIGHT RESTRICTIONS FOR ANY SUCH HIGHWAY OR
PARKWAY;
  (V)  THE  VEHICLE IS OPERATING WITH ALL EXTERNAL RUNNING LIGHTS ON AND
AN AMBER REVOLVING LIGHT LOCATED ON THE ROOF OF THE VEHICLE IS  ENGAGED;
AND
  (VI) THE VEHICLE IS SUBJECT TO AN APPROVED CERTIFICATE OF INSURANCE.
  3.  NOTHING  CONTAINED  IN  THIS SECTION SHALL BE DEEMED TO IMPAIR THE
ABILITY OF THE GOVERNOR TO WAIVE ALL RESTRICTIONS  FOR  OPERATION  ON  A
STATE HIGHWAY PURSUANT TO A DECLARED STATE OF EMERGENCY.
  S 3. This act shall take effect immediately.

co-Sponsors

2015-S5757B (ACTIVE) - Details

See Assembly Version of this Bill:: A8119
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1621, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S284

2015-S5757B (ACTIVE) - Summary

2015-S5757B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5757B

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to exceptions
from prohibitions on the operation of commercial vehicles on certain
state highways and parkways

PURPOSE:

To provide for limited access to the State's parkway system by light
duty commercial vehicles engaged in the direct performance of a
critical service business, such as electric/gas utility,
telecommunication or wireless infrastructure.

SUMMARY OF PROVISIONS:

This bill amends § 1621 of the Vehicle and Traffic Law to authorize
limited access to the State's parkways by light duty commercial
vehicles engaged directly in the performance of critical service
business, i.e., improvement, repairs and maintenance of equipment or
property of an electric corporation, gas corporation, combined
electric and gas corporation, cable television company,
telecommunication corporation, transportation corporation, or wireless
communication service supplier.

Such access will only be allowed when:

*the vehicle is registered or leased to a critical service business;
*the operator has in his or her possession a valid work order;
*the vehicle has a gross vehicle weight rating of less than 10,000
lbs.;
*the vehicle meets the height restrictions for any such parkway;
*the vehicle is operating with all external running lights on and an
amber revolving light located on the roof of the vehicle is engaged;
and
*the vehicle is subject to an approved certificate of insurance.

JUSTIFICATION:

The State's parkway system is comprised of a series of four-lane roads
that were originally created to provide for a scenic route into and
out of New York City. The first part of the system dates back to 1908.
While many of these parkways were originally constructed by regional
agencies, the vast majority are now overseen by State DOT.

Today, the parkways are functionally equivalent to freeways and
expressways, but with a few nuances that distinguish them. For
example, many do not have shoulders, creating a sense that the lanes
are narrower; and they often meander on a less direct, but more scenic
route with generally more curves than a modern expressway.  Most
importantly, these parkways were designed with low, often decorative
overpasses that, by their very nature, excluded trucks, tractor
trailers and large commercial vehicles. As a result, NYSDOT has, by
regulation, banned commercial traffic from the parkways over which it
has jurisdiction.


However, as transportation patterns and consumer tastes have evolved
over the past 100 years, the traditional passenger: car has given way
to pick-up trucks and SUVs registered for passenger use, creating
something of an anomaly. Identical vehicles with commercial plates
continue to be prohibited-while their passenger-plated counterparts
continue to have unfettered access to the parkways. Thus, while the
case for keeping trucks off of the parkways continues to constitute an
engineering necessity, the absolute ban on light-duty "commercial
vehicles" does not.

The real world impact of this regulation has been to force light duty
vehicles, seeking to reach critical infrastructure for repairs or
maintenance, on to local roads, adding hours of unnecessary travel
time, slowing repairs, and, in some cases, threatening public safety.
This is not only inefficient, but can be dangerous if the maintenance
or repairs are of an urgent nature.

This measure addresses these issues by providing very limited
exceptions to the commercial ban by allowing those vehicles, the
weight and dimensions of which would allow them to be registered as
passenger vehicles, and which are performing an essential function
pursuant to a work order, to access the parkway system. The
requirements for access are of such a nature as to provide for easy
and adequate enforcement of the provisions.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately

2015-S5757B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5757--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sens.  MURPHY, GRIFFO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee and committed to the  Committee
  on  Rules  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the vehicle and traffic law, in relation  to  exceptions
  from  prohibitions  on the operation of commercial vehicles on certain
  state highways and parkways

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs 9 and 22 of subdivision (a) of section 1621 of
the vehicle and traffic law, paragraph 9 as amended and paragraph 22  as
added  by  chapter  1008  of  the  laws  of 1983, are 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, NOR SHALL  SUCH  EXCLUSION
APPLY TO CERTAIN COMMERCIAL VEHICLES DIRECTLY ENGAGED IN THE PERFORMANCE
OF A CRITICAL SERVICE BUSINESS AND SUBJECT TO A VALID WORK ORDER.
  22.  Exclude  trucks,  commercial  vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
trailer combinations in excess  of  any  designated  weight,  designated
length,  designated height, or eight feet in width, from highways or set
limits on hours of operation of such vehicles on particular state  high-
ways or segments of such highways. Such exclusion shall not be construed
to prevent the delivery or pickup of merchandise or other property along

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11434-04-5

S. 5757--B                          2

the  highways  from  which  such  vehicles or combinations are otherwise
excluded, NOR SHALL SUCH EXCLUSION APPLY TO CERTAIN COMMERCIAL  VEHICLES
DIRECTLY  ENGAGED  IN THE PERFORMANCE OF A CRITICAL SERVICE BUSINESS AND
SUBJECT TO A VALID WORK ORDER.
  S  2. Section 1621 of the vehicle and traffic law is amended by adding
a new subdivision (e) to read as follows:
  (E) 1. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  AND
SUBJECT  TO  THE TERMS AND CONDITIONS SET FORTH IN PARAGRAPH TWO OF THIS
SUBDIVISION, NO RULE OR REGULATION OF THE DEPARTMENT  OF  TRANSPORTATION
OR  THE  OFFICE  OF  PARKS,  RECREATION  AND HISTORIC PRESERVATION SHALL
EXCLUDE FROM ANY STATE HIGHWAY OR PARKWAY A COMMERCIAL VEHICLE  DIRECTLY
ENGAGED  IN  THE  PERFORMANCE  OF A CRITICAL SERVICE BUSINESS.   FOR THE
PURPOSES OF THIS SECTION, "CRITICAL SERVICE  BUSINESS"  SHALL  MEAN  THE
IMPROVEMENT,  REPAIR  OR  MAINTENANCE OF THE PROPERTY OR EQUIPMENT OF AN
ELECTRIC CORPORATION, GAS CORPORATION, COMBINED ELECTRIC AND GAS  CORPO-
RATION,  CABLE  TELEVISION COMPANY OR TELECOMMUNICATIONS CORPORATION, AS
THOSE TERMS ARE DEFINED IN THE  PUBLIC  SERVICE  LAW,  A  TRANSPORTATION
CORPORATION,  AS  DEFINED  IN  THE  TRANSPORTATION CORPORATION LAW, OR A
WIRELESS COMMUNICATION SERVICE SUPPLIER, AS DEFINED IN 47 USC  S  332(D)
AS  AMENDED FROM TIME TO TIME. THE TERM "DIRECTLY ENGAGED" SHALL INCLUDE
TRANSIT TO AND FROM ANY IMPROVEMENT, REPAIR OR MAINTENANCE SUBJECT TO  A
VALID WORK ORDER.
  2. NO COMMERCIAL VEHICLE SHALL BE SUBJECT TO AN EXCLUSION AS SET FORTH
IN  PARAGRAPH ONE OF THIS SUBDIVISION UNLESS THE OPERATION OF SUCH VEHI-
CLE ON A STATE HIGHWAY OR PARKWAY MEETS THE FOLLOWING TERMS  AND  CONDI-
TIONS:
  (I)  THE  VEHICLE  IS REGISTERED OR LEASED TO A VALID CRITICAL SERVICE
BUSINESS;
  (II) THE OPERATOR HAS IN HIS OR HER POSSESSION A VALID WORK  ORDER  TO
CONDUCT A CRITICAL BUSINESS SERVICE;
  (III) THE VEHICLE WEIGHS LESS THAN TEN THOUSAND POUNDS;
  (IV) THE VEHICLE MEETS THE HEIGHT RESTRICTIONS FOR ANY SUCH HIGHWAY OR
PARKWAY;
  (V)  THE  VEHICLE IS OPERATING WITH ALL EXTERNAL RUNNING LIGHTS ON AND
AN AMBER REVOLVING LIGHT LOCATED ON THE ROOF OF THE VEHICLE IS  ENGAGED;
AND
  (VI) THE VEHICLE IS SUBJECT TO AN APPROVED CERTIFICATE OF INSURANCE.
  3.  NOTHING  CONTAINED  IN  THIS SECTION SHALL BE DEEMED TO IMPAIR THE
ABILITY OF THE GOVERNOR TO WAIVE ALL RESTRICTIONS  FOR  OPERATION  ON  A
STATE HIGHWAY PURSUANT TO A DECLARED STATE OF EMERGENCY.
  S 3. This act shall take effect immediately.

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Senate Bill S5757B

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Joseph A. Griffo

2015-S5757 - Details

2015-S5757 - Summary

2015-S5757 - Sponsor Memo

2015-S5757 - Bill Text download pdf

co-Sponsors

Joseph A. Griffo

2015-S5757A - Details

2015-S5757A - Summary

2015-S5757A - Sponsor Memo

2015-S5757A - Bill Text download pdf

co-Sponsors

Joseph A. Griffo

2015-S5757B (ACTIVE) - Details

2015-S5757B (ACTIVE) - Summary

2015-S5757B (ACTIVE) - Sponsor Memo

2015-S5757B (ACTIVE) - Bill Text download pdf

Comments