NY State Senate Bill 2017-S5423

Senate Bill S5423

2017-2018 Legislative Session

Directs the commissioner of transportation to prohibit the use and installation of certain types of guardrails and rail caps on highways with a speed limit of 45 miles per hour or more

download bill text pdf

Archive: Last Bill Status - Stricken

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2017	recommit, enacting clause stricken
Mar 27, 2017	referred to transportation

co-Sponsors

2017-S5423 (ACTIVE) - Details

Law Section:: Highway Law
Laws Affected:: Amd §10, Hway L

2017-S5423 (ACTIVE) - Summary

Directs the commissioner of transportation to prohibit the use and installation of certain types of guardrails and rail caps on highways with a speed limit of 45 miles per hour or more.

2017-S5423 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5423

 TITLE OF BILL :  An act to amend the highway law, in relation to
directing the commissioner of transportation to prohibit use on any
state or local highway with a speed limit of forty-five miles per hour
or more, of certain types of guardrails

 PURPOSE :

To ensure that New York prohibits the use of certain guardrails which
have proven to be dangerous in high-speed impacts.

 SUMMARY OF PROVISIONS :

Section one: The bill adds a new subdivision 47 to Section 10 of the
highway law to direct the Commissioner of Transportation to promulgate
rules and regulations prohibiting the use and installation of on any
highway with a speed limit of 45 mph or more any X-Lite guardrail or
rail cap manufactured by the Lindsay Corporation, or any other
similarly designed and constructed guardrail or rail cap as determined
by the Commissioner.

Section 2: The bill provides that the act shall take effect
immediately.

 JUSTIFICATION :

The "X- Lite" model guardrail manufactured by The Lindsay Corporation
has been removed from use in the state of Tennessee. In November,
2016, seventeen year old Hannah Elmers was driving in the state when
her Volvo S80 sedan traveled into the median and hit the end of an
X-Lite guardrail with the driver's side door. Instead of deflecting
the vehicle or compacting to provide a protective barrier, the
guardrail end impaled the car, striking Lindsay in the head and chest
and pushing her into the back seat. Lindsay was killed immediately
upon impact.

According to the Virginia Department of Transportation, the guardrail
had been removed from the Virginia DOT's approved product list just
two weeks before the accident. According to a study performed by an
independent contractor hired by the Virginia DOT, the guardrail had
failed to perform as expected in crashes exceeding 60 mph and should
have collapsed like a telescope. The Virginia DOT has since decided to
remove all of the X-Lite guardrails in use within the state. New York
should follow a similar path and immediately seek to remove and
prohibit the future use of these guardrails as well as other
inadequate guardrails, so that future lives are not needlessly lost.

 LEGISLATIVE HISTORY :

New legislation.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5423 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5423
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the highway law, in relation to  directing  the  commis-
   sioner of transportation to prohibit use on any state or local highway
   with  a  speed  limit of forty-five miles per hour or more, of certain
   types of guardrails
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  10 of the highway law is amended by adding a new
 subdivision 47 to read as follows:
   47. PROMULGATE RULES AND REGULATIONS PROHIBITING THE USE AND INSTALLA-
 TION, ON ANY STATE OR LOCAL HIGHWAY HAVING A SPEED LIMIT  OF  FORTY-FIVE
 MILS  PER  HOUR  OR MORE, OF ANY "X-LITE" GUARDRAIL OR RAIL CAP MANUFAC-
 TURED BY THE LINDSAY CORPORATION, OR ANY OTHER GUARDRAIL OR RAIL CAP  OF
 SIMILAR DESIGN AND/OR MATERIALS AS DETERMINED BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10819-01-7

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Senate Bill S5423

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Sponsored By

Catharine Young