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S06246 Summary:

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S06246 Committee Votes:

S06246 Floor Votes:

S06246 Text:

 
                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