A01584 Summary:

BILL NOA01584
 
SAME ASSAME AS S00243
 
SPONSORMontesano
 
COSPNSR
 
MLTSPNSRMcKevitt
 
Add S1229-e, amd S125, V & T L
 
Requires the surfaces of non-commercial vehicles and commercial vehicles with a gross vehicle weight rating of ten thousand pounds or less to be cleared of accumulated snow, sleet or hail; exempts any automobile transporter, motorcycle or authorized emergency vehicle; imposes fines.
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A01584 Actions:

BILL NOA01584
 
01/12/2015referred to transportation
05/05/2015held for consideration in transportation
01/06/2016referred to transportation
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A01584 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1584
 
SPONSOR: Montesano (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring the surfaces of certain vehicles to be cleared of accumulated snow, sleet, or hail   PURPOSE OR GENERAL IDEA OF BILL: This bill will require the surfaces of non-commercial vehicles to be cleared of accumulated snow, sleet or hail.   SUMMARY OF SPECIFIC PROVISIONS: This bill amends the vehicle and traf- fic law by adding a new section 1229-e which requires the removal of snow, sleet or hail from any non-commercial, or commercial vehicle weighing less than ten thousand pounds traveling on a public street or highway. 2. This section shall not apply during the falling of snow. 3. This section provides for a penalty of not less than fifty ($50) nor more than one hundred and fifty ($150) dollars, excluding disabled operators. 4. This section provides for a penalty of no less than two hundred fifty ($250) dollars and no more than five hundred ($500) dollars if the violation of this act results in an injury to another person, or another person's property, including applying a one point value to the individ- ual's license. 5. This section provides for a penalty of no less than five hundred dollars and no more than one thousand dollars if the violation of this act results in serious physical injury to another person. 6. The provisions of this act shall not apply to any automobile trans- porter, motorcycle or authorized emergency vehicle. This bill also amends section 125 of the vehicle and traffic law to include the provisions of this bill.   JUSTIFICATION: This bill provides a disincentive for motorists leave a build-up of snow, sleet or hail on their vehicles which could potential- ly injury other motorists or their vehicles. With near record snow accu- mulation, motorists should feel compelled to remove snow from their vehicles to prevent damage.   PRIOR LEGISLATIVE HISTORY: A.5343 - 2011 S.841/A.4680 of 2014; Referred to Transportation   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
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A01584 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1584
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  MONTESANO  -- Multi-Sponsored by -- M. of A.
          McKEVITT -- read once and referred to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          the  surfaces  of  certain vehicles to be cleared of accumulated snow,
          sleet, or hail
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 1229-e to read as follows:
     3    § 1229-e. Clearance of snow, sleet, and hail. 1. No person shall oper-
     4  ate a non-commercial motor vehicle or a commercial motor vehicle with  a
     5  gross  vehicle  weight rating of ten thousand pounds or less on a public
     6  street or highway while there is an accumulation of snow, sleet, or hail
     7  on the roof or cargo bed  surfaces  thereof,  whether  of  any  occupant
     8  compartment, trailer, or other cargo compartment.
     9    2.  The removal of accumulated snow, sleet, or hail required by subdi-
    10  vision one of this section shall not apply during the falling  of  snow,
    11  sleet, or hail.
    12    3.  The  operator  of a vehicle in violation of the provisions of this
    13  section, excluding a severely disabled person, as defined in subdivision
    14  three of section four hundred four-a of this chapter, shall  be  subject
    15  to a fine of not less than fifty dollars nor more than one hundred fifty
    16  dollars.
    17    4.  The  operator  of  a  vehicle  who violates the provisions of this
    18  section where such violation results in the physical injury  of  another
    19  person, as defined in section 10.00 of the penal law, or damage to prop-
    20  erty  of another person, shall be subject to a fine of not less than two
    21  hundred fifty dollars nor more than five hundred dollars.  Additionally,
    22  a license point value of one point shall be applied.
    23    5.  The  operator  of  a  vehicle  who violates the provisions of this
    24  section where such violation results in the serious physical  injury  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02142-01-5

        A. 1584                             2
 
     1  another  person,  as defined in section 10.00 of the penal law, shall be
     2  subject to a fine of not less than five hundred dollars  nor  more  than
     3  one  thousand dollars. Additionally, a license point value of two points
     4  shall be applied.
     5    6.  The  provisions  of this section shall not apply to any automobile
     6  transporter, motorcycle, or authorized emergency vehicle.
     7    § 2. Section 125 of the vehicle and traffic law, as amended by chapter
     8  365 of the laws of 2008, is amended to read as follows:
     9    § 125. Motor vehicles. Every vehicle operated or driven upon a  public
    10  highway  which  is  propelled  by  any  power other than muscular power,
    11  except (a) electrically-driven mobility assistance devices  operated  or
    12  driven  by a person with a disability, (a-1) electric personal assistive
    13  mobility devices operated outside  a  city  with  a  population  of  one
    14  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
    15  snowmobiles as defined in article forty-seven of this chapter,  and  (d)
    16  all  terrain  vehicles as defined in article forty-eight-B of this chap-
    17  ter. For the purposes of title four of  this  chapter,  the  term  motor
    18  vehicle  shall  exclude  fire and police vehicles other than ambulances.
    19  For the purposes of titles four and  five  and  section  twelve  hundred
    20  twenty-nine-e of this chapter the term motor vehicles shall exclude farm
    21  type  tractors  and all terrain type vehicles used exclusively for agri-
    22  cultural purposes, or for snow plowing, other than for hire, farm equip-
    23  ment, including self-propelled machines  used  exclusively  in  growing,
    24  harvesting  or  handling farm produce, and self-propelled caterpillar or
    25  crawler-type equipment while being operated on the contract site.
    26    § 3. This act shall take effect on the first of November next succeed-
    27  ing the date on which it shall have become a law.
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