Authorizes and regulates the operation of commercial vehicles directly engaged in a critical service business activity on state highways and parkways which are subject to the jurisdiction of the department of transportation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8119A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to exceptions
from prohibitions on the operation of commercial vehicles on certain
state highways and parkways
PURPOSE:
To provide for limited access to the State's parkway system by light
duty commercial vehicles engaged in the direct performance of a critical
service business, such as electric/gas utility, telecommunication or
wireless infrastructure.
SUMMARY OF PROVISIONS:
This bill amends § 1621 of the Vehicle and Traffic Law to authorize
limited access to the State's parkways by light duty commercial vehicles
engaged directly in the performance of critical service business, i.e.,
improvement, repairs and maintenance of equipment or property of an
electric corporation, gas corporation, combined electric and gas corpo-
ration, cable television company, telecommunication corporation, trans-
portation corporation, or wireless communication service supplier.
Such access will only be allowed when:
*the vehicle is registered or leased to a critical service business;
*the operator has in his or her possession a valid work order;
*the vehicle has a gross vehicle weight rating of less than 10,000 lbs.;
*the vehicle meets the height restrictions for any such parkway;
*the vehicle is operating with all external running lights on and an
amber revolving light located on the roof of the vehicle is engaged; and
*the vehicle is subject to an approved certificate of insurance.
JUSTIFICATION:
The State's parkway system is comprised of a series of four-lane roads
that were originally created to provide for a scenic route into and out
of New York City. The first part of the system dates back to 1908. While
many of these parkways were originally constructed by regional agencies,
the vast majority are now overseen by State DOT.
Today, the parkways are functionally equivalent to freeways and express-
ways, but with a few nuances that distinguish them. For example, many do
not have shoulders, creating a sense that the lanes are narrower; and
they often meander on a less direct, but more scenic route with general-
ly more curves than a modern expressway. Most importantly, these park-
ways were designed with low, often decorative overpasses that, by their
very nature, excluded trucks, tractor trailers and large commercial
vehicles. As a result, NYSDOT has, by regulation, banned commercial
traffic from the parkways over which it has jurisdiction.
However, as transportation patterns and consumer tastes have evolved
over the past 100 years, the traditional passenger car has given way to
pick-up trucks and SUVs registered for passenger use, creating something
of an anomaly. Identical vehicles with commercial plates continue to be
prohibited-while their passenger-plated counterparts continue to have
unfettered access to the parkways. Thus, while the case for keeping
trucks off of the parkways continues to constitute an engineering neces-
sity, the absolute ban on light-duty "commercial vehicles" does not.
The real world impact of this regulation has been to force light duty
vehicles, seeking to reach critical infrastructure for repairs or main-
tenance, on to local roads, adding hours of unnecessary travel time,
slowing repairs, and, in some cases, threatening public safety. This is
not only inefficient, but can be dangerous if the maintenance or repairs
are of an urgent nature.
This measure addresses these issues by providing very limited exceptions
to the commercial ban by allowing those vehicles, the weight and dimen-
sions of which would allow them to be registered as passenger vehicles,
and which are performing an essential function pursuant to a work order,
to access the parkway system. The requirements for access are of such a
nature as to provide for easy and adequate enforcement of the
provisions.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately
