NY State Senate Bill 2017-S272

Archive: Last Bill Status - In Senate Committee Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 04, 2017	referred to transportation

co-Sponsors

2017-S272 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6648
2015-2016: S65
2019-2020: S1485

2017-S272 (ACTIVE) - Summary

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

2017-S272 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S272

 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; and
providing for the repeal of such provisions upon expiration thereof

 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Section 2 of the bill states that the act will be repealed if any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 :

Crashes involving large vehicles like tractor-trailers are three times
as likely to result in the death of a pedestrian than crashes 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 :

S.65 of 2015-2016 (Hoylman): Died in Transportation
A.2502 of 2015-2016 (Rozic): Died in Transportation
S.6648 of 2014 (Hoylman):  Died in Transportation
A.9415 of 2014 (Rozic): Died in Transportation

 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.

2017-S272 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    272
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER -- 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; and
   providing for the repeal of such provisions upon expiration thereof
 
   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.
   §  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.
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05183-01-7

 S. 272                              2
 
   § 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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Senate Bill S272

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2017-S272 (ACTIVE) - Details

2017-S272 (ACTIVE) - Summary

2017-S272 (ACTIVE) - Sponsor Memo

2017-S272 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S272

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Liz Krueger

2017-S272 (ACTIVE) - Details

2017-S272 (ACTIVE) - Summary

2017-S272 (ACTIVE) - Sponsor Memo

2017-S272 (ACTIVE) - Bill Text download pdf

Comments