Requires that each weigh in motion violation monitoring system undergo a calibration check every six months in accordance with specifications prescribed pursuant to a memorandum of agreement between the New York city department of transportation and the New York state department of agriculture and markets, or in accordance with an applicable reference standard as determined by the New York city department of transportation.
STATE OF NEW YORK
________________________________________________________________________
6246
2023-2024 Regular Sessions
IN SENATE
April 6, 2023
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to calibration
checks for weigh in motion violation monitoring systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 385-a of the vehicle and traffic
2 law, as added by chapter 773 of the laws of 2021, is amended to read as
3 follows:
4 3. Each weigh in motion violation monitoring system shall undergo a
5 calibration check every six months in accordance with [American Society
6 for Testing and Materials (ASTM) standard specification E1318-09 (2017).
7 If such standard specification is revised, the New York city department
8 of transportation shall adopt a rule to provide for the use of the most
9 current version of such standard specification] specifications
10 prescribed pursuant to a memorandum of agreement between the New York
11 city department of transportation and the New York state department of
12 agriculture and markets, or in accordance with an applicable reference
13 standard as determined by the New York city department of
14 transportation. Such calibration check shall be performed by an inde-
15 pendent calibration laboratory which shall issue a signed certificate of
16 calibration on its letterhead to the city of New York. Nothing contained
17 in this paragraph shall be deemed to require the signature of a notary
18 public on such certificate. The city shall retain each such bi-annual
19 certificate of calibration on file until the final resolution of all
20 cases involving notices of liability issued during such six-month time
21 period which were based on photographs, microphotographs, video or other
22 recorded images, and information and data generated in conjunction ther-
23 ewith, produced by such weigh in motion violation monitoring system.
24 § 2. This act shall take effect immediately; provided, however, that
25 the amendments to subdivision 3 of section 385-a of the vehicle and
26 traffic law made by section one of this act shall not affect the repeal
27 of such subdivision and shall expire and be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10567-01-3
