Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without the use of a proper restraint mechanism, as approved by the commissioner of motor vehicles.
STATE OF NEW YORK
________________________________________________________________________
52
2017-2018 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2017
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the trans-
portation of loose substances in open vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 380-a of the vehicle and traffic law, as added by
2 chapter 418 of the laws of 1975 and subdivision 1 as amended by chapter
3 369 of the laws of 1987, is amended to read as follows:
4 § 380-a. Certain vehicles engaged in the transportation of loose
5 cargo. 1. It shall be unlawful [to operate on any public highway any
6 open truck or trailer being utilized for the transportation of any loose
7 substances, unless said truck or trailer has a cover, tarpaulin or other
8 device of a type and specification approved by the commissioner of
9 transportation which completely closes in the opening on the said truck
10 or trailer while said truck or trailer shall be so operated, so as to
11 prevent the falling of any such substances therefrom. However, if the
12 load is arranged so that no loose substance can fall from or blow out of
13 such truck, the covering is not necessary.] for a commercial operator of
14 a motor vehicle to transport loose substances in an open vehicle without
15 the use of a mechanism, approved by the commissioner of transportation,
16 to prevent loose substances from becoming dislodged or removed from such
17 vehicle during transport.
18 2. It shall be unlawful for a commercial operator of a motor vehicle
19 to transport loose substances in a vehicle without the use of splash
20 guards, approved by the commissioner of motor vehicles, to prevent
21 substances from being thrown by such vehicle during travel.
22 [2.] 3. The commissioner of transportation is authorized to make
23 necessary rules and regulations to carry into effect the provisions of
24 this section, applying such provisions to specific conditions and loads
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02028-01-7
A. 52 2
1 and prescribing means, methods and practices to effectuate such
2 provisions.
3 [3.] 4. The provisions of this section shall not apply to motor vehi-
4 cles, trailers and semitrailers conveying "farm products" as defined in
5 section two of the agriculture and markets law.
6 § 2. This act shall take effect one year after it shall have become a
7 law.
