A09415 Summary:

BILL NOA09415
 
SAME ASSAME AS S06648
 
SPONSORRozic
 
COSPNSR
 
MLTSPNSR
 
Amd S375, V & T L
 
Requires certain vehicles to be equipped with side under-ride guards.
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A09415 Actions:

BILL NOA09415
 
04/29/2014referred to transportation
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A09415 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9415
 
SPONSOR: Rozic
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring certain vehicles to be equipped with side under- ride guards   PURPOSE: Requires every truck, tractor, and tractor-trailer or semi-trailer combination registered in New York which meets certain conditions to be equipped with side under-ride guards while operating in New York City on highways other than controlled-access highways.   SUMMARY OF PROVISIONS: Section 1 of the bill amends Section 375 of the vehicle and traffic law by adding a new subdivision 10-f. This subdivision mandates that certain vehicles be equipped with side under-ride guards while in operation on New York City highways, and directs the Commissioner of the NYS Depart- ment of Motor Vehicles, in consultation with the Commissioner of the NYS Department of Transportation, to promulgate rules and regulations for the proper standards and specifications of the side under-ride guards. Section 2 of the bill states that the act will be repealed if any feder- al agency or court determines that the act would render New York State ineligible for the receipt of federal funds. Section 3 of the bill is a severability clause. Section 4 of the bill states that the bill shall take effect on the one hundred eightieth day after it shall have become a law; provided, howev- er, that effective immediately, 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 depart- ment of transportation shall notify the legislative bill drafting commission upon the occurrence of the provisions of section two 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.   JUSTIFICATION: Accidents involving large vehicles like tractor-trailers are three times as likely to result in the death of a pedestrian than accidents only involving passenger vehicles. This bill would ensure that large trucks driving on the streets of New York City are equipped with features designed to protect the safety of pedestrians, cyclists, and other vehi- cles. This bill requires New York State-registered trucks, tractors, and trac- tor-trailers weighing 26,000 pounds or more to be equipped with side under-ride guards when operated in New York City. Such guards are already required in Japan and several European countries, and can great- ly reduce fatalities by keeping pedestrians, cyclists, and other vehi- cles from sliding under the side of large trucks. This bill is modeled after the legislation that was enacted in 2011 requiring the same classification of vehicles to have convex mirrors installed when traversing the streets of New York City. There is a provision stating that if this legislation would jeopardize the state's eligibility for federal funds, it shall be repealed.   PRIOR LEGISLATIVE HISTORY: This is a new bill in the Assembly.   FISCAL IMPACT ON STATE: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date is author- ized 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 occurrence of the provisions of section two 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 offi- cers law.
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A09415 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9415
 
                   IN ASSEMBLY
 
                                     April 29, 2014
                                       ___________
 
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          certain vehicles to be equipped with side under-ride guards
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Section 375 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 10-f to read as follows:
     3    10-f.  Every truck, tractor, and tractor-trailer or semitrailer combi-
     4  nation registered in this state having a gross vehicle weight rating  of
     5  twenty-six thousand pounds or more, and a conventional cab configuration
     6  in  which more than half of the engine length is forward of the foremost
     7  point of the windshield base and  the  steering  wheel  hub  is  in  the
     8  forward  quarter  of the vehicle length, whenever operated within a city
     9  having a population of one million or more on highways other than  cont-
    10  rolled-access  highways,  shall  be equipped with side under-ride guards
    11  affixed to the sides of such vehicles in a manner consistent with  rules

    12  and  regulations  that  shall  be  promulgated  by  the commissioner, in
    13  consultation with the commissioner of transportation.
    14    § 2. This act shall be deemed repealed if any federal  agency  or  any
    15  court  of  competent jurisdiction finally determines that this act would
    16  render New York state ineligible for the receipt of federal funds.
    17    § 3. Severability. If any clause,  sentence,  subdivision,  paragraph,
    18  section or part of this act be adjudged by any court of competent juris-
    19  diction to be invalid, such judgment shall not affect, impair or invali-
    20  date  the  remainder  thereof, but shall be confined in its operation to
    21  the clause, sentence, subdivision, paragraph, section  or  part  thereof
    22  directly  involved  in the controversy in which such judgment shall have
    23  been rendered.

    24    § 4. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law; provided, however, that effective immediate-
    26  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    27  necessary  for  the  implementation of this act on its effective date is
    28  authorized to be made and completed on or before  such  effective  date;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14101-01-4

        A. 9415                             2
 
     1  and  provided  that the commissioner of the department of transportation
     2  shall notify the legislative bill drafting commission  upon  the  occur-
     3  rence  of  the  provisions  of section two of this act in order that the

     4  commission  may  maintain  an accurate data base of the official text of
     5  the laws of the state of  New  York  in  furtherance  of  effecting  the
     6  provisions  of section 44 of the legislative law and section 70-b of the
     7  public officers law.
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