S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9799
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  certain
   requirements for side under-ride guards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 375 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 10-f to read as follows:
   10-F.  TWENTY-FOUR MONTHS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION,
 EVERY TRUCK, TRACTOR, AND  TRACTOR-TRAILER  OR  SEMITRAILER  COMBINATION
 REGISTERED  IN  THIS STATE HAVING A GROSS VEHICLE WEIGHT RATING OF TWEN-
 TY-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 SIDE UNDER-RIDE GUARDS
 AFFIXED TO THE SIDES OF SUCH VEHICLES IN A MANNER CONSISTENT WITH  RULES
 AND  REGULATIONS  THAT  SHALL  BE  PROMULGATED  BY  THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION.  FOR THE  PURPOSES
 OF  THIS  SECTION,  "SIDE  UNDER-RIDE  GUARD" SHALL MEAN  A  DEVICE  FIT
 TO    THE  SIDE  OF  A LARGE VEHICLE DESIGNED TO PREVENT PEDESTRIANS AND
 BICYCLISTS FROM FALLING INTO THE  EXPOSED  SPACE BETWEEN THE FRONT  AXLE
 AND  THE  REAR  AXLE  OF SUCH VEHICLES AND TO PREVENT PASSENGER VEHICLES
 FROM SLIDING UNDER SUCH VEHICLES.  THE PROVISIONS OF THIS SUBDIVISION DO
 NOT APPLY TO TRUCKS, TRACTORS, AND TRACTOR-TRAILER OR SEMITRAILER COMBI-
 NATIONS IN THE STATE FLEET OR CITY FLEET OR IN ANY CITY CONTRACTED VEHI-
 CLE, AS DEFINED BY SECTION 6-141 OF THE ADMINISTRATIVE CODE OF THE  CITY
 OF  NEW  YORK.  THE  COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE  ANY
 RULES NECESSARY  TO INSPECT SIDE UNDER-RIDE GUARDS AND  SIDE  UNDER-RIDE
 GUARD SPECIFICATIONS FOR COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDI-
 VISION.
   § 2. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 55 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13625-04-3
 A. 9799                             2
 
   55.  (A) FOR THE PURPOSES OF THIS SUBDIVISION, "SIDE UNDER-RIDE GUARD"
 SHALL MEAN A DEVICE FIT TO THE SIDE  OF  A  LARGE  VEHICLE  DESIGNED  TO
 PREVENT  PEDESTRIANS  AND BICYCLISTS FROM FALLING INTO THE EXPOSED SPACE
 BETWEEN THE FRONT AXLE AND THE REAR AXLE OF SUCH VEHICLES AND TO PREVENT
 PASSENGER VEHICLES FROM SLIDING UNDER SUCH VEHICLES.
   (B)  TWENTY-FOUR  MONTHS  FROM THE EFFECTIVE DATE OF THIS SUBDIVISION,
 ALL VEHICLES WITH A MANUFACTURER'S GROSS VEHICLE WEIGHT RATING EXCEEDING
 TEN THOUSAND POUNDS IN THE STATE  FLEET  SHALL  BE  EQUIPPED  WITH  SIDE
 UNDER-RIDE  GUARDS  AFFIXED    TO THE SIDES OF SUCH VEHICLES IN A MANNER
 CONSISTENT WITH RULES AND REGULATIONS THAT  SHALL  BE   PROMULGATED   BY
 THE  COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTA-
 TION. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMULGATE ANY  RULES
 NECESSARY   TO ADMINISTER  THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
 BUT NOT LIMITED TO RULES GOVERNING WHEN  THE  INSTALLATION    OF    SIDE
 UNDER-RIDE  GUARDS  ON CERTAIN VEHICLES  IN THE STATE FLEET IS IMPRACTI-
 CAL OR  WILL  DISRUPT  PROVISION  OF  PUBLIC  SAFETY  OR  PUBLIC  HEALTH
 SERVICES   AND   WILL NOT  BE REQUIRED.  SUCH RULES MAY ALSO GOVERN WHEN
 WRITTEN EXEMPTIONS MAY BE AUTHORIZED, INCLUDING DUE  TO  LIMITATIONS  IN
 VENDOR  CAPACITY  TO  SUPPLY SIDE UNDER-RIDE GUARDS AND CIRCUMSTANCES IN
 WHICH STATE-OWNED VEHICLES ARE IN THE ORDER CYCLE FOR  REPLACEMENT.  THE
 COMMISSIONER  SHALL BE   AUTHORIZED TO PROMULGATE ANY RULES NECESSARY TO
 INSPECT SIDE UNDER-RIDE GUARDS AND SIDE UNDER-RIDE GUARD  SPECIFICATIONS
 FOR COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.