NY State Senate Bill 2017-S4928

Senate Bill S4928

2017-2018 Legislative Session

Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects

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
Mar 03, 2017	referred to transportation

2017-S4928 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §14, Transp L; amd §361, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3416
2015-2016: S184

2017-S4928 (ACTIVE) - Summary

Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects, or colliding with motorized or non-motorized vehicles or pedestrians, or leaving the roadway; further requires the commissioner of transportation and the thruway authority to submit a report to the governor and legislature and prohibits any data from the study to be used in certain court proceedings.

2017-S4928 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4928

 TITLE OF BILL :  An act to amend the transportation law and the
public authorities law, in relation to the study and examination of
the state's roadways and the thruway in reducing certain motor vehicle
risks

 PURPOSE OR GENERAL IDEA OF BILL :

Requires a study of the performance of the state's roadways in
reducing the risk of motor vehicles departing the travel lane and
overturning, or colliding with fixed objects.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the transportation law, section 14 by adding a new
subdivision 36. Requires the Commissioner to submit a report on lane
departures, utilizing existing data whenever possible. Provides that
such report shall be submitted no later than August 31, 2016 and
annually thereafter to the governor and the legislature. Specifies
that the report shall include but not be limited to high-fatality
roadway segments and those segments with hazardous features such as
steep slopes, embankments, cliffs, drop-offs or deep bodies of water.
Provides that no provision of this subdivision shall be deemed to
conflict with or supersede the evidentiary and discovery protections
and rights as provided for in federal or state law.

Section 2. Amends the public authorities law, section 361 by adding a
new subdivision 3. Requires the authority to study and examine the
performance of the thruway authority in reducing the risk of motor
vehicles departing the travel lane and overturning. Provides that such
report shall be submitted no later than August 31, 2016 and annually
thereafter to the governor and the legislature. Provides that no
provision of this subdivision shall be deemed to conflict with or
supersede the evidentiary and discovery protections and rights as
provided for in federal or state law.

Section 3. Effective Date

 EXISTING LAW :

None

 JUSTIFICATION :

Motor vehicle crashes take a terrible human toll on people whether
they are vehicle passengers, motorcyclists, bicyclists, or
pedestrians, depriving individuals of their independence when crashes
cause serious physical injury, and depriving families of their loved
ones and society of valued members when the crashes are fatal. While
there are general downward trends in the number of motor vehicle fatal
crashes and the number of fatalities on New York State's roadways,
more can and should be done to further prevent them. This bill
presents an opportunity to focus on high-risk sections of roads across
the State such as those with a high number of fatal crashes, and those
with hazardous features like steep slopes, embankments, cliffs,
drop-offs and deep bodies of water. Strategies for reducing the risk
of vehicles abruptly leaving their lanes of travel and crashing can
and should be identified in order to reduce the risk of crashes at
these high-risk locations to better protect the safety of the
traveling public and prevent future tragedies.

 PRIOR LEGISLATIVE HISTORY :

2016: S.184A - AMEND AND RECOMMIT TO TRANSPORTATION/A6751-A Amend and
recommit to transportation
2015: S.184 - REFERRED TO TRANSPORTATION/A6751 referred to
transportation
2014: S.3416A - Amend and Recommit to Transportation/A.5669A - Amend
and Recommit to Transportation
2013: S.3416 - Advanced to Third Reading Calendar, Committed to
Rules/A.5669 - Referred to Transportation

 FISCAL IMPLICATIONS :

Nominal

 EFFECTIVE DATE :
This act shall take effect sixty days after it shall have become a
law.

2017-S4928 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4928
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law and the public  authorities  law,
   in  relation  to the study and examination of the state's roadways and
   the thruway in reducing certain motor vehicle risks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 14 of the transportation law is amended by adding
 a new subdivision 36 to read as follows:
   36. TO STUDY AND EXAMINE THE PERFORMANCE OF THE  STATE'S  ROADWAYS  IN
 REDUCING  THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND OVER-
 TURNING, OR COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTORIZED OR
 NON-MOTORIZED VEHICLES OR PEDESTRIANS,  OR  LEAVING  THE  ROADWAY.  SUCH
 STUDY  AND EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, SEGMENTS OF
 THE STATE'S ROADWAYS WITH A HIGH NUMBER OF FATAL CRASHES,  AND  SEGMENTS
 OF  ROADWAY  WITH  HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS,
 CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE COMMISSIONER SHALL SUBMIT
 A REPORT ON LANE DEPARTURES, UTILIZING EXISTING DATA WHENEVER  POSSIBLE,
 BEGINNING  NO  LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND EIGHTEEN AND
 ANNUALLY THEREAFTER, TO THE GOVERNOR AND THE  LEGISLATURE  WHICH  REPORT
 SHALL  INCLUDE  BUT  SHALL NOT BE LIMITED TO: (A) THE NUMBER AND TYPE OF
 TRAVEL LANE DEPARTURE CRASHES ON THE STATE'S ROADWAYS INCLUDING, BUT NOT
 LIMITED TO, FIXED OBJECT, HEAD-ON, CROSS-OVER,  ROLLOVER  AND  SIDESWIPE
 CRASHES,  ROADWAY DEPARTURES, AND THOSE INVOLVING NON-MOTORIZED VEHICLES
 AND PEDESTRIANS; (B) THE EXTENT TO WHICH  THE  DEPARTMENT  HAS  ANALYZED
 CRASH DATA AND IDENTIFIED AND CONSIDERED THE SAFETY NEEDS OF THE STATE'S
 ROADWAYS  INCLUDING  BUT  NOT  LIMITED  TO  HIGH-FATALITY  SEGMENTS  AND
 SEGMENTS WITH HAZARDOUS FEATURES  SUCH  AS  STEEP  SLOPES,  EMBANKMENTS,
 CLIFFS,  DROP-OFFS  OR  DEEP  BODIES  OF WATER; AND (C) THE MEASURES AND
 STRATEGIES THAT THE DEPARTMENT HAS UNDERTAKEN, OR PLANS TO UNDERTAKE, TO
 IMPROVE ROADWAY PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE  TRAVEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07214-01-7

 S. 4928                             2
 
 LANE  DEPARTURES AND CRASHES.  NO PROVISION OF THIS SUBDIVISION SHALL BE
 DEEMED TO CONFLICT WITH  OR  SUPERSEDE  THE  EVIDENTIARY  AND  DISCOVERY
 PROTECTIONS AND RIGHTS AS PROVIDED FOR IN FEDERAL OR STATE LAW. NOTWITH-
 STANDING  ANY  OTHER  PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES,
 LISTS, OR DATA COMPILED OR COLLECTED FOR  THE  PURPOSE  OF  IDENTIFYING,
 EVALUATING,  OR  PLANNING  THE  SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT
 SITES,  HAZARDOUS  ROADWAY  CONDITIONS,  OR  RAILWAY-HIGHWAY  CROSSINGS,
 PURSUANT  TO  FEDERAL  OR STATE LAW OR FOR THE PURPOSE OF DEVELOPING ANY
 HIGHWAY SAFETY CONSTRUCTION IMPROVEMENT PROJECT SHALL NOT BE SUBJECT  TO
 DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEED-
 ING  OR  CONSIDERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES ARISING
 FROM ANY OCCURRENCE  AT  A  LOCATION  MENTIONED  OR  ADDRESSED  IN  SUCH
 REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA.
   §  2. Section 361 of the public authorities law is amended by adding a
 new subdivision 3 to read as follows:
   3. THE AUTHORITY SHALL STUDY AND EXAMINE THE PERFORMANCE OF THE  THRU-
 WAY IN REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND
 OVERTURNING,  OR  COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTOR-
 IZED OR NON-MOTORIZED VEHICLES OR PEDESTRIANS, OR LEAVING  THE  THRUWAY.
 SUCH  STUDY  AND  EXAMINATION  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO,
 SEGMENTS OF THE THRUWAY  WITH  A  HIGH  NUMBER  OF  FATAL  CRASHES,  AND
 SEGMENTS  WITH  HAZARDOUS  FEATURES  SUCH  AS STEEP SLOPES, EMBANKMENTS,
 CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE AUTHORITY SHALL SUBMIT  A
 REPORT  ON  LANE  DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE,
 BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND  EIGHTEEN  AND
 ANNUALLY  THEREAFTER,  TO  THE GOVERNOR AND THE LEGISLATURE WHICH REPORT
 SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER  AND  TYPE  OF
 TRAVEL  LANE DEPARTURE CRASHES ON THE THRUWAY INCLUDING, BUT NOT LIMITED
 TO, FIXED OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND  SIDESWIPE  CRASHES,
 ROADWAY  DEPARTURES,  AND  THOSE  INVOLVING  NON-MOTORIZED  VEHICLES AND
 PEDESTRIANS; (B) THE EXTENT TO WHICH THE AUTHORITY  HAS  ANALYZED  CRASH
 DATA  AND  IDENTIFIED  AND  CONSIDERED  THE  SAFETY NEEDS OF THE THRUWAY
 INCLUDING BUT NOT LIMITED TO HIGH-FATALITY SEGMENTS  AND  SEGMENTS  WITH
 HAZARDOUS  FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS, CLIFFS, DROP-OFFS
 OR DEEP BODIES OF WATER; AND (C) THE MEASURES AND  STRATEGIES  THAT  THE
 AUTHORITY  HAS  UNDERTAKEN,  OR  PLANS  TO UNDERTAKE, TO IMPROVE THRUWAY
 PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL LANE  DEPARTURES
 AND  CRASHES.    NO  PROVISION  OF  THIS  SUBDIVISION SHALL BE DEEMED TO
 CONFLICT WITH OR SUPERSEDE THE EVIDENTIARY AND DISCOVERY PROTECTIONS AND
 RIGHTS AS PROVIDED FOR IN FEDERAL  OR  STATE  LAW.  NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA
 COMPILED OR COLLECTED FOR THE PURPOSE  OF  IDENTIFYING,  EVALUATING,  OR
 PLANNING  THE  SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT SITES, HAZARDOUS
 ROADWAY CONDITIONS, OR RAILWAY-HIGHWAY CROSSINGS, PURSUANT TO FEDERAL OR
 STATE  LAW  OR  FOR  THE  PURPOSE  OF  DEVELOPING  ANY  HIGHWAY   SAFETY
 CONSTRUCTION  IMPROVEMENT  PROJECT  SHALL NOT BE SUBJECT TO DISCOVERY OR
 ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSID-
 ERED FOR OTHER PURPOSES IN ANY  ACTION  FOR  DAMAGES  ARISING  FROM  ANY
 OCCURRENCE  AT  A  LOCATION  MENTIONED  OR  ADDRESSED  IN  SUCH REPORTS,
 SURVEYS, SCHEDULES, LISTS, OR DATA.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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