NY State Senate Bill 2017-S4179

Senate Bill S4179

2017-2018 Legislative Session

Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof

download bill text pdf

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
Feb 06, 2017	referred to transportation

2017-S4179 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1229-e, amd §§125 & 200, V & T L; add §74-a, St Fin L; add §389, Pub Auth L; add §23, Transp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5226
2011-2012: S1321
2013-2014: S395
2015-2016: S998

2017-S4179 (ACTIVE) - Summary

Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof; establishes fines for violation of these provisions; establishes a fund for the state's portion of such fines, the "snow and ice removal fund" with 10% of the funds going to an annual DMV report on the fund, 25% going to each the DOT and the Thruway authority for establishing snow and ice removal sites on their roads, 30% for a DOT grant program and 10% for a public awareness campaign.

2017-S4179 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4179

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to requiring
surfaces of certain motor vehicles to be cleared of accumulated snow,
sleet, or hail; to amend the state finance law, the public authorities
law and the transportation law, in relation to the snow and ice
removal fund; and providing for the repeal of certain provisions upon
expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

To help prevent dangerous distractions or accidents from blinding snow
or ice blowing off of vehicles traveling on roads and highways. When
vehicles travel with accumulated amounts of snow or ice on top of
their roof, it is very likely to be blinding to other vehicles
traveling behind them and cause accidents. This legislation will help
to prevent those types of accidents.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the vehicle and traffic law is amended by adding a new
section 1229-e.

Section 3 of the bill requires that the commissioner of DMV produce a

report to the Governor which includes information on: (a) the amount
of funds made available to DOT and the Thruway pursuant to this bill
(b) the number of summonses issued (c) the operation the grant program
established in this bill (d) the public awareness program established
in this bill (e) the severity and frequency of traffic accidents
involving snow and ice not properly removed from vehicles before and
after the bill would go into effect (f) the operation of the snow
removal sites established in this bill.

Section 4 of the bill establishes a snow and ice removal fund to be
jointly administered by the comptroller and Commissioner of Taxation
and Finance and provides for their allocation in the following manner:

- 10% to be transferred to DMV for the collection and reporting of
data required in the bill. - 25% to NYSDOT for the creation of snow
and ice removal sites at DOT rest areas or service areas for use by
'common carriers' as the commissioner deems appropriate. - 25% to NYS
Thruway Authority for the creation of snow and ice removal sites along
Thruway rest areas or service areas for use by 'common carriers' as
the Authority deems appropriate. - 30% to NYSDOT for the establishment
of a grant program meant to provide matching funds to 'common
carriers' for the installation of their own snow and ice removal
equipment and also for the improvement of public awareness about the
hazards of driving with accumulations of snow and ice on vehicle
surfaces and the prohibition thereof.

Section 5 amends the Public Authorities law to provide for the
installation of snow and ice removal sites at Thruway locations.

Section 6 amends the Transportation law to provide for the
installation of snow and ice removal sites on DOT locations as well as
the implementation of the grant program.

Section 7 effective date of the first November next succeeding the
date it shall have become law; provided however that the amendments to
section 200 of the vehicle and traffic law made by section 3 of this
act shall expire and be deemed repealed September 1, 2027.

 JUSTIFICATION :

Snow and ice accumulates on top of cars and trucks during winter
months and become a road hazard for motorists; especially those
driving at high speeds on highways. The blinding snow blowing from the
top of other cars or trucks can cause damage or accidents to other
vehicles. This legislation would create the responsibility of making
sure every vehicle is safe for traveling on the road.

The bill also addresses some concerns of the trucking industry by
providing a funding mechanism and matching grant program for the
installation of snow and ice removal sites along DOT and Thruway
roads.

 PRIOR LEGISLATIVE HISTORY :

2013-14: S.395A (Referred to transportation)
2015-2016: (S.998/A.1862) Referred to transportation

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
First of November next succeeding the date on which it shall have
become a law; provided, however, that the amendments to section 200 of
the vehicle and traffic law made by section three of this act shall
expire and be deemed repealed September 1, 2027.

2017-S4179 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4179
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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
   surfaces  of certain motor vehicles to be cleared of accumulated snow,
   sleet, or hail; to amend the state finance law, the public authorities
   law and the transportation law,  in  relation  to  the  snow  and  ice
   removal  fund; and providing for the repeal of certain provisions upon
   expiration thereof
 
   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:
   § 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
 ATE A MOTOR VEHICLE ON A PUBLIC STREET OR  HIGHWAY  WHILE  THERE  IS  AN
 ACCUMULATION  OF  SNOW, SLEET, OR HAIL ON THE ROOF OR CARGO BED SURFACES
 THEREOF, WHETHER OF ANY OCCUPANT COMPARTMENT, TRAILER,  OR  OTHER  CARGO
 COMPARTMENT IN EXCESS OF THREE INCHES.
   2.  THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY SUBDI-
 VISION ONE OF THIS SECTION SHALL NOT APPLY DURING THE FALLING  OF  SNOW,
 SLEET,  OR HAIL OR WITHIN THREE HOURS AFTER THE CESSATION OF THE FALLING
 THEREOF.
   3. (A) THE OPERATOR OF A NON-COMMERCIAL VEHICLE IN  VIOLATION  OF  THE
 PROVISIONS  OF  THIS  SECTION,  EXCLUDING  A DISABLED OPERATOR, SHALL BE
 SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED FIFTY  DOLLARS  NOR  MORE
 THAN EIGHT HUNDRED FIFTY DOLLARS.
   (B) THE OPERATOR, OWNER, LESSEE, BAILEE OR ANY ONE OF THE AFORESAID IF
 A  COMMERCIAL  MOTOR VEHICLE SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
 FOUR HUNDRED FIFTY DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS.
   (C) ALL FINES CREDITED TO THE STATE PURSUANT TO THIS SECTION SHALL  BE
 DEPOSITED  TO  THE  SNOW  AND  ICE  REMOVAL FUND ESTABLISHED PURSUANT TO
 SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02688-02-7

 S. 4179                             2
 
   4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  AUTOMOBILE
 TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 125. Motor  vehicles. Every vehicle operated or driven upon a public
 highway which is propelled by  any  power  other  than  muscular  power,
 except  (a)  electrically-driven mobility assistance devices operated or
 driven by a person with a disability, (a-1) electric personal  assistive
 mobility  devices  operated  outside  a  city  with  a population of one
 million or more, (b) vehicles which run only upon rails or  tracks,  (c)
 snowmobiles  as  defined in article forty-seven of this chapter, and (d)
 all terrain vehicles as defined in article forty-eight-B of  this  chap-
 ter.  For  the  purposes  of  title four of this chapter, the term motor
 vehicle shall exclude fire and police vehicles  other  than  ambulances.
 For  the  purposes  of  titles four and five, AND SECTION TWELVE HUNDRED
 TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
 type tractors and all terrain type vehicles used exclusively  for  agri-
 cultural purposes, or for snow plowing, other than for hire, farm equip-
 ment,  including  self-propelled  machines  used exclusively in growing,
 harvesting or handling farm produce, and self-propelled  caterpillar  or
 crawler-type equipment while being operated on the contract site.
   § 3. Section 200 of the vehicle and traffic law is amended by adding a
 new subdivision 3 to read as follows:
   3.  THE  COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  ON  AN  ANNUAL
 BASIS  FOR THE TEN YEARS COMMENCING ON AUGUST THIRTY-FIRST, TWO THOUSAND
 EIGHTEEN CONCERNING THE IMPLEMENTATION OF SECTION TWELVE  HUNDRED  TWEN-
 TY-NINE-E  OF  THIS  CHAPTER  AND  SECTION  SEVENTY-FOUR-A  OF THE STATE
 FINANCE LAW. SUCH REPORT SHALL INCLUDE INFORMATION ON:
   (A) THE AMOUNT OF FUNDS MADE AVAILABLE TO THE COMMISSIONER AND THE NEW
 YORK STATE THRUWAY AUTHORITY AND THE USE OF SUCH FUNDS;
   (B) HOW MANY SUMMONSES WERE ISSUED PURSUANT TO SECTION TWELVE  HUNDRED
 TWENTY-NINE-E OF THIS CHAPTER;
   (C)  THE  OPERATION OF THE GRANT PROGRAM ESTABLISHED PURSUANT TO PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE  TRANSPORTA-
 TION LAW;
   (D)  THE  PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO PARAGRAPH (C)
 OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW;
   (E) THE SEVERITY AND FREQUENCY OF TRAFFIC INCIDENTS INVOLVING SNOW  OR
 ICE  NOT PROPERLY REMOVED FROM VEHICLES BEFORE AND AFTER THE IMPLEMENTA-
 TION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF THIS CHAPTER; AND
   (F) THE OPERATION OF SUCH SNOW AND ICE REMOVAL  SITES  ESTABLISHED  BY
 THE  NEW  YORK  STATE  DEPARTMENT  OF TRANSPORTATION PURSUANT TO SECTION
 THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW AND THE NEW YORK
 STATE THRUWAY AUTHORITY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO  OF
 SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
   §  4. The state finance law is amended by adding a new section 74-a to
 read as follows:
   § 74-A. SNOW AND ICE REMOVAL FUND. 1. THERE IS HEREBY  ESTABLISHED  IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SNOW AND ICE REMOVAL
 FUND".
   2.  THE  SNOW AND ICE REMOVAL FUND SHALL CONSIST OF ALL FINES CREDITED
 TO THE STATE FOR A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-NINE-E  OF
 THE  VEHICLE  AND  TRAFFIC  LAW, AND ALL OTHER MONEYS CREDITED OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.

 S. 4179                             3
 
   3. MONEYS IN THE SNOW AND ICE REMOVAL FUND  MAY  BE  INVESTED  BY  THE
 COMPTROLLER PURSUANT TO THE PROVISIONS OF SECTION NINETY-EIGHT-A OF THIS
 ARTICLE AND ANY INCOME RECEIVED BY THE COMPTROLLER FROM SUCH INVESTMENTS
 SHALL BE ADDED TO AND BECOME PART OF, AND SHALL BE USED FOR THE PURPOSES
 OF SUCH FUND. ALL DEPOSITS OF SUCH MONEY SHALL, IF REQUIRED BY THE COMP-
 TROLLER,  BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE
 OF MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND  ALL
 BANKS  AND  TRUST  COMPANIES  ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR
 SUCH DEPOSITS.
   4. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
 SHALL BE ALLOCATED UPON A CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE
 DIRECTOR  OF  THE  BUDGET  SOLELY  FOR  THE  PURPOSES  SET FORTH IN THIS
 SECTION.
   5. MONEYS IN THE FUND SHALL BE ALLOCATED IN THE FOLLOWING MANNER:
   (A) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO  THE  DEPARTMENT
 OF MOTOR VEHICLES FOR THE COLLECTION AND REPORTING OF DATA ON THE IMPLE-
 MENTATION  OF  SECTION  TWELVE  HUNDRED TWENTY-NINE-E OF THE VEHICLE AND
 TRAFFIC LAW.
   (B) TWENTY-FIVE PERCENT OF THE MONEYS  SHALL  BE  TRANSFERRED  TO  THE
 DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF PARAGRAPH (A) OF SUBDI-
 VISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
   (C)  TWENTY-FIVE PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE NEW
 YORK STATE THRUWAY AUTHORITY  FOR  PURPOSES  OF  SECTION  THREE  HUNDRED
 EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW.
   (D)  THIRTY  PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPART-
 MENT OF TRANSPORTATION FOR THE GRANT  PROGRAM  ESTABLISHED  PURSUANT  TO
 PARAGRAPH  (B)  OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS-
 PORTATION LAW.
   (E) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO  THE  DEPARTMENT
 OF TRANSPORTATION FOR THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO
 PARAGRAPH  (C)  OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS-
 PORTATION LAW.
   § 5. The public authorities law is amended by adding a new section 389
 to read as follows:
   § 389. SNOW AND ICE  REMOVAL  SITES.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE TERM "COMMON CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS
 PASSENGERS  BY  MOTOR  VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR
 THE GENERAL PUBLIC ON AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR
 ROUTES OR ANY PERSON THAT  TRANSPORTS  PROPERTY  BY  MOTOR  VEHICLE  FOR
 COMPENSATION  FOR  THE GENERAL PUBLIC. IT SHALL INCLUDE A BUS LINE WHICH
 IS A MOTOR VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF  VEHICLES
 HAVING A SEATING CAPACITY OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE
 PICKUP  AND  DISCHARGE  POINTS ALONG DESIGNATED ROUTES; AND BY NO PREAR-
 RANGEMENTS OR RESERVATIONS BY PASSENGERS.
   2. USING THE MONEYS ALLOCATED FROM  THE  SNOW  AND  ICE  REMOVAL  FUND
 ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
 THE  AUTHORITY  SHALL  ESTABLISH  SNOW  AND ICE REMOVAL SITES FOR COMMON
 CARRIERS ON THE THRUWAY. THE AUTHORITY SHALL USE  THE  MONEYS  ALLOCATED
 FROM  PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE
 STATE FINANCE LAW FOR THE PURCHASE, INSTALLATION AND OPERATION  OF  SNOW
 AND ICE REMOVAL EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS
 JURISDICTION AS THE AUTHORITY  DEEMS APPROPRIATE.
   §  6.  The transportation law is amended by adding a new section 23 to
 read as follows:
   § 23. SNOW AND ICE REMOVAL.  1. FOR THE PURPOSES OF THIS SECTION,  THE
 TERM  "COMMON  CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS PASSENGERS

 S. 4179                             4
 
 BY MOTOR VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR  THE  GENERAL
 PUBLIC  ON  AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR ROUTES OR
 ANY PERSON THAT TRANSPORTS PROPERTY BY MOTOR  VEHICLE  FOR  COMPENSATION
 FOR  THE  GENERAL  PUBLIC.  IT SHALL INCLUDE A BUS LINE WHICH IS A MOTOR
 VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF  VEHICLES  HAVING  A
 SEATING  CAPACITY  OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE PICKUP
 AND DISCHARGE POINTS ALONG DESIGNATED ROUTES; AND BY NO  PREARRANGEMENTS
 OR RESERVATIONS BY PASSENGERS.
   2.  USING  THE  MONEYS  ALLOCATED  FROM  THE SNOW AND ICE REMOVAL FUND
 ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
 THE DEPARTMENT SHALL:
   (A) ESTABLISH SNOW AND ICE REMOVAL SITES FOR COMMON CARRIERS  ON  SUCH
 INTERSTATE  AND  STATE  HIGHWAYS  THAT ARE UNDER THE JURISDICTION OF THE
 DEPARTMENT. THE DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH
 (B) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE  STATE  FINANCE
 LAW FOR THE PURCHASE, INSTALLATION AND OPERATION OF SNOW AND ICE REMOVAL
 EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS JURISDICTION AS
 THE COMMISSIONER DEEMS APPROPRIATE.
   (B) ESTABLISH AND ADMINISTER A SNOW AND ICE REMOVAL GRANT PROGRAM. THE
 DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (B) OF SUBDIVI-
 SION  FIVE  OF  SECTION  SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE
 PURPOSE OF PROVIDING COMMON CARRIERS WITH  MATCHING  FUNDS  TO  PURCHASE
 SNOW AND ICE REMOVAL EQUIPMENT; PROVIDED, HOWEVER, THAT
   (I)  NO  GRANT  TO  ANY COMMON CARRIER SHALL EXCEED TEN PERCENT OF THE
 TOTAL ALLOCATIONS FOR SUCH GRANT PROGRAM;
   (II) EACH APPLICANT SHALL BE ELIGIBLE TO RECEIVE ONLY ONE  SUCH  GRANT
 IN ANY TWENTY-FOUR MONTH PERIOD;
   (III)  NO  PART  OF  ANY  SUCH GRANT SHALL BE USED FOR SALARIES OR ANY
 OTHER SERVICES OTHER THAN FOR THE PURCHASE AND INSTALLATION OF SNOW  AND
 ICE REMOVAL EQUIPMENT; AND
   (IV)  THE COMMON CARRIER HAS COMMITTED SUFFICIENT FUNDS TO FULFILL THE
 MATCH REQUIREMENTS OF THIS GRANT.
   (C) IMPROVE PUBLIC AWARENESS OF THE HAZARDS OF  DRIVING  WITH  ACCUMU-
 LATIONS OF SNOW AND ICE ON THE ROOF OR CARGO BED SURFACES OF MOTOR VEHI-
 CLES  AND  THE  PROHIBITION THEREOF. THE DEPARTMENT SHALL USE THE MONEYS
 ALLOCATED FROM PARAGRAPH (E) OF SUBDIVISION  FIVE  OF  SECTION  SEVENTY-
 FOUR-A OF THE STATE FINANCE LAW FOR THE PURPOSE OF SUCH PUBLIC AWARENESS
 CAMPAIGN  THROUGH  EDUCATIONAL  AND  INFORMATIONAL  MATERIALS  IN PRINT,
 AUDIO, VISUAL, ELECTRONIC OR OTHER MEDIA INCLUDING, BUT NOT  LIMITED  TO
 PUBLIC SERVICE ANNOUNCEMENTS AND ADVERTISEMENTS.
   § 7. This act shall take effect on the first of November next succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that the amendments to section 200 of the vehicle and traffic  law  made
 by section three of this act shall expire and be deemed repealed Septem-
 ber 1, 2027.

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