NY State Senate Bill 2017-S284

Senate Bill S284

2017-2018 Legislative Session

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

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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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation returned to senate died in assembly
Jun 13, 2017	referred to transportation delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1362 committee discharged and committed to rules
Jan 04, 2017	referred to transportation

Votes

- Jun 13, 2017 - Floor Vote
  S284
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Jun 5, 2017 - Rules Committee Vote
  S284
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Krueger
      
      Squadron
      
      excused (1)
      
      Parker

co-Sponsors

2017-S284 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1621, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S5757

2017-S284 (ACTIVE) - 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.

2017-S284 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S284

 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 :

2015-2016: S.5757B - Passed Senate

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately

2017-S284 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    284
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY, GRIFFO -- 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.
                                                            LBD02340-01-7

 S. 284                              2
 
   § 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 § 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.
   § 3. This act shall take effect immediately.

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Senate Bill S284

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Sponsored By

Terrence Murphy