NY State Senate Bill 2017-S4979

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

co-Sponsors

2017-S4979 (ACTIVE) - Details

See Assembly Version of this Bill:: A6127
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: S4326, A6418
2015-2016: S600, A6744
2019-2020: A6414

2017-S4979 (ACTIVE) - Summary

Requires the use of rear wheel guards on certain vehicles.

2017-S4979 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4979

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to requiring
the use of rear wheel guards on certain vehicles

 PURPOSE OR GENERAL IDEA OF BILL :

Establishes the Amara Diarrassouba Life Saving Truck Guard Law

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Establishes the "Amara Diarrassouba Life Saving Truck Guard
Law."

Section 2. Amends the vehicle and traffic law, section 375, by adding
a new subdivision 10-f. Requires certain vehicles that are operated
within a city having a population of one million or more to be
equipped with rear wheel guards on the rear wheels of such vehicles.

Section 3. Provides for this act to be repealed if it renders New York
state ineligible for federal funds.

Section 4. Severability Clause

Section 5. Effective Date

 EXISTING LAW :

None

 JUSTIFICATION :

Amar Diarrassouba was a six year old boy who was hit by the back of a
tractor-trailer on his way to school as he crossed the street at the
intersection of 117th Street and First Avenue on February 28, 2013.
Amar was pronounced dead of his injuries a short time later at Harlem
Hospital. He and his older brother were less than one block from their
school, P.S. 155, when the tragedy occurred.

Amar's tragic death might have been avoided if the tractor-trailer had
been equipped with both protective side guards and rear-wheel guards.
There are estimates that ten children die each year in New York City
as a result of these types of accidents because rear wheel guards are
not mandatory. Legislation was signed into law in 2011 that requires
convex mirrors to be placed on the front of tractor trailers, but the
mirrors on the front of the truck that killed Amar did not save his
life.

This legislation closely follows the statute that was signed into law
in 2011 requiring the placement of front convex mirrors on
tractor-trailers and other vehicles, except that it now requires the
placement of both side guards and rear wheel guards. Additionally, New
York City Mayor Bill de Blasio's "Vision Zero" Legislative Agenda for
decreasing the number of traffic fatalities calls for legislation to
require side guards and rear wheel guards to be enacted into law.

 PRIOR LEGISLATIVE HISTORY :

2016: S.600 - REFERRED TO TRANSPORTATION/A.6744- REFERRED TO
TRANSPORTATION
2015: S.600 - REFERRED TO TRANSPORTATION/A.6744-REFERRED TO
TRANSPORTATION
2014: S.4326 - Defeated in Transportation/A.6418 - Referred to
Transportation
2013: S.4326 - Referred to Transportation/A.6418 - Referred to
Transportation

 FISCAL IMPLICATIONS :

None to State.

 EFFECTIVE DATE
On the 180th day after it shall have become law

2017-S4979 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4979
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens.  DIAZ,  AVELLA,  DILAN, HAMILTON -- 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
   the use of rear wheel guards on certain vehicles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "Amara
 Diarrassouba life saving truck guard law".
   § 2. 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 REAR WHEEL GUARDS ON  THE
 REAR WHEELS OF SUCH VEHICLE OR COMBINATION OF VEHICLES.
   §  3.  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.
   §  4.  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.
                                                            LBD07333-01-7

 S. 4979                             2
 
   § 5. 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 three 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 S4979

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2017-S4979 (ACTIVE) - Details

2017-S4979 (ACTIVE) - Summary

2017-S4979 (ACTIVE) - Sponsor Memo

2017-S4979 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4979

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Tony Avella

Martin Malavé Dilan

Jesse Hamilton

2017-S4979 (ACTIVE) - Details

2017-S4979 (ACTIVE) - Summary

2017-S4979 (ACTIVE) - Sponsor Memo

2017-S4979 (ACTIVE) - Bill Text download pdf

Comments