A. Committee Jurisdiction

New York State's transportation system consists of a State and local highway system of approximately 115,000 miles of highways, over which 109 billion vehicle miles are driven annually; almost 20,000 bridges; 4,600 miles of railroads; 600 public and private aviation facilities, providing service to at least 60 million people annually; 12 major public and private ports, handling more than 100 million tons of freight each year; 4,600 miles of railroads, moving 42 million tons of freight annually and 7.8 million trips on Amtrak; and, a public transit and commuter rail system, carrying at least 1.9 billion passengers annually. The Assembly Transportation Committee is charged with the responsibility of advancing policies coordinating the management of these systems and ensuring the employment of measures designed to provide and encourage safe travel. The Committee also is responsible for developing and reviewing legislation covering a wide range of topics affecting the movement of people and goods throughout the State.

The Committee's jurisdiction includes the Departments of Transportation (DOT) and Motor Vehicles (DMV), the New York State Thruway Authority, and various regional transportation authorities and commissions. Committee action primarily affects the following consolidated laws: Vehicle and Traffic; Highway; Transportation; Navigation; and, Railroad.

During the 1998 Legislative Session, the Committee acted upon numerous legislative proposals which were ultimately enacted into law, including measures to protect young children purchasing ice cream from ice cream trucks; increasing penalties for commercial vehicles operating illegally on parkways; reducing motor vehicle registration fees on farm vehicles transporting horticultural products; prohibiting the possession of open containers of alcoholic beverages in moving vehicles; authorizing the transfer of motor vehicles from auto dealers to welfare-to-work programs; facilitating the removal of underground fuel storage tanks by municipal airports; and clarifying provisions relating to DMV's computerized database of motor vehicle insurance.

The Committee also reviewed and advanced legislation to: further strengthen efforts to reduce DWI and BWI; establish a High Speed Rail Commission to facilitate rail improvements necessary to promote the implementation of high speed rail in the State; enhance the safety of the streets and highways for senior drivers and pedestrians; improve occupant protection measures for persons under age 16; and, authorize reviews of drivers' records due to diagnosed medical impairments.

The Committee conducted two public hearings during the 1998 Legislative Session. The first, on the issue of aggressive driving, provided the Committee with the opportunity to solicit testimony regarding the nature and scope of aggressive driving and options to address it appropriately. The second hearing concerned the issue of DWI, to gather information and testimony regarding proposals to lower New York State's blood alcohol content (BAC) level from .10% to 0.08% for a per se DWI violation.

New York State has been very successful in reducing alcohol-related crashes on streets and highways across the State; in 1995 there were 54% fewer alcohol-related crashes than in 1980. Additionally, the overall fatality rate for motor-vehicle crashes in New York State reached a historic low in 1996 of 1.34 deaths per 100 million vehicle miles traveled.

In an effort to augment the significant progress made, the Assembly Transportation Committee has advanced a number of anti-DWI measures.

Prior to the enactment of this measure, the Vehicle and Traffic Law prohibited motor vehicle drivers and passengers from drinking alcoholic beverages in a motor vehicle driven on the public highways. Therefore, unless a police officer observed a driver or passenger actually drinking an alcoholic beverage, it would be difficult to prove a violation only from the presence of a container holding an alcoholic beverage.

Chapter 153 of the Laws of 1998 amends the Vehicle and Traffic Law to prohibit any occupant of a motor vehicle being operated on a public highway from possessing, with intent to consume, an open container containing an alcoholic beverage.

The Ignition Interlock Program was established in 1988 to deter repeat drinking and driving violations. Originally, the law authorized seven counties across New York State to engage in a pilot project regarding the usage and effectiveness of ignition interlock devices in deterring driving after drinking (Chapter 713, Laws of 1998). Courts in these counties are allowed to require persons sentenced to probation following a DWI conviction to install and maintain a functioning ignition interlock device to prevent the vehicle from starting if the operator has an unacceptable blood alcohol content level.

Chapter 168 of the Laws of 1995 authorized courts outside the seven pilot counties to require ignition interlock installation as a condition of probation for a DWI conviction. However, DMV was not required to note this condition on the drivers' licenses of persons sentenced in these non-pilot counties. When such a person was subsequently detained by a police officer for an alleged traffic infraction, the police officer would have no way to know whether such person was in violation of probation.

Assembly bill 1495-B, enacted as Chapter 359 of the Laws of 1998, requires the Commissioner of the Department of Motor Vehicles to note upon a license whether an ignition interlock device was imposed upon a licensee as a condition of probation. This should facilitate the apprehension of persons violating the terms of probation by failing to install or maintain an ignition interlock device.

According to 1996 statistics from the NYS Office of Parks, Recreation and Historic Preservation (OPRHP), alcohol involvement in boating accidents in New York State appears to be low (a little over 7%). However, there are a number of accidents (16%) in which the involvement of alcohol is unknown. Furthermore, boating accidents involving alcohol account for at significant number of boating fatalities (17% to 43% of the total number). OPRHP has stated that it is possible that these statistics are incomplete, because many accidents are reported to the police after the fact, some are never reported, and some are reported but omit the fact of alcohol involvement.

While New York State has done a good job of cracking down on boaters who illegally mix alcohol with boat operation, more remains to be done. One problem that exists is the current lack of connection between driving while intoxicated and boating while intoxicated. Individuals whose drivers' licenses are suspended or revoked are not barred from legally operating a boat, nor are persons whose boating privileges are suspended or revoked barred from legally operating a motor vehicle. Both types of vehicles are equally dangerous when handled unsafely.

Assembly bill 5285-A would require courts to suspend a person's privilege to operate a vessel following a conviction for DWI or DWAI by alcohol or drugs, for the following periods: 90 days, for a DWAI by alcohol conviction; 180 days for a DWI/DWAI by drugs conviction; and, 1 year for a repeat DWI/DWAI by drugs conviction within 10 years of a prior conviction.

This legislation also would allow courts to suspend a person's driver's license following a conviction for boating while intoxicated (BWI) or boating while ability impaired (BWAI) by alcohol or drugs, for the following periods: 45 days for a BWAI by alcohol conviction where the violation resulted in the death or serious physical injury of another person, or a repeat BWAI by alcohol conviction within 10 years of a prior conviction; and, 90 days for a BWI or BWAI by drugs conviction where the violation resulted in the death or serious physical injury of another person, or a repeat BWI or BWAI by drugs conviction within 10 years of a prior conviction.

The "Special Traffic Options Program for Driving While Intoxicated" (STOP-DWI), enacted in 1981, authorizes each of the State's 62 counties to establish a STOP-DWI Program to address alcohol and highway safety issues within each county. The establishment of such programs qualifies each county to receive almost all of the fine moneys collected for alcohol and other drug-related traffic offenses occurring within its jurisdiction.

The statute requires that each program provide a plan for coordinating county, town, city and village efforts to reduce alcohol-related traffic injuries and fatalities. These efforts usually include programs relating to enforcement, prosecution, probation, rehabilitation, public information and education, and program administration. STOP-DWI has proven to be very successful in the reduction of alcohol and drug-related traffic offenses. Because it is a local option, each county is able to tailor its program to respond to its particular needs and situation.

With one exception, all fine monies received by courts for offenses relating to alcohol or drug-related traffic offenses are remitted to the county in which the offense occurred for its STOP-DWI program. The remaining exception concerns fine monies assessed for violating the conditions of a conditional use license. A conditional use license is issued to a person convicted of a DWI offense upon successful completion of an approved alcohol and drug rehabilitation program. Such license allows an individual whose driver's license was suspended or revoked for a DWI offense to drive under limited circumstances (including to and from work, school, court-ordered probation activities, medical treatment, etc.)

Assembly bill 8065 (Bragman) would direct the fines assessed for driving a vehicle for purposes other than those allowed by a conditional use license to the appropriate county's STOP-DWI program. Allocation of these fine monies to the Stop-DWI programs will further aid local efforts to combat drunk driving.

The New York State Vehicle and Traffic Law prohibits the registration of any vehicle which is not covered by a minimum level of liability insurance or other accepted forms of financial security. In enacting this law, the Legislature sought to address its concern over the rising toll of motor vehicle accidents and the resulting suffering and loss. The Legislature determined that "motorists should be financially able to respond in damages for their negligent acts, so that innocent victims of motor vehicle accidents may be recompensed for the injury and financial loss inflicted upon them."

Prior to the enactment of Chapter 678 of the Laws of 1997, the only proof of insurance which motorists were required to produce was a certificate of insurance, sometimes referred to as the insurance "card." Production of a copy of this "card" was necessary to obtain a motor vehicle registration. When insurance companies decided to cancel a policy or not renew it, the law required them to notify DMV, whereupon DMV sought proof from the registrant either that a replacement policy was in effect, or that the vehicle's registration had been terminated. This process was time-consuming, and in the meantime, motorists could operate uninsured vehicles.

To address this problem, the Legislature in 1997 enacted Chapter 678, which requires insurance companies to report policy issuances to DMV, and authorizes DMV to provide for proof of insurance either by paper copy or electronically. The bill also established a pilot program for DMV to maintain an up-to-date insured vehicle identification database, including the use of computer bar codes to allow police officers to check the insured status of motor vehicles. Finally, Chapter 678 called for DMV and the Insurance Department to convene an advisory panel to examine the feasibility and cost-effectiveness of developing an instant on-line registry of insurance, in order to identify uninsured motor vehicles. The panel was directed to forward recommendations to the Governor and the Legislature within nine months of the effective date of Chapter 678.

During the 1998 Legislative Session, the Legislature enacted Assembly bill 11373 (Rules/Lafayette; Chapter 509, Laws of 1998) which amends Chapter 678. Chapter 509 reduced the time period within which insurance companies are required to report changes in policy status to DMV from 30 days to 14 days, and further reduced to seven days for policies effective after January 1, 2001. Chapter 509 also: replaced the statutory requirement for the use of computer bar codes with a computer "indicator" system; adjusted the privacy requirements to reflect the Federal Driver's Privacy Protection Act; and, replaced the task force regarding an instant on-line registry with a requirement for DMV and the Insurance Department to investigate the feasibility and effectiveness of such a system and, after conferring with the insurance industry, computer technicians and general public, make recommendations to the Governor and the Legislature. The new law also established penalties for insurance companies which fail to comply with reporting requirements.

Despite State laws and regulations concerning the equipment and operation of ice cream trucks selling confections directly to customers, traffic accidents have continued to result in fatal injuries to children who had purchased ice cream from such a truck. The Vehicle and Traffic Law had prohibited vending on any street with a speed limit higher than 35 miles per hour, and had directed the Commissioner of DMV to prescribe rules and regulations prescribing appropriate cautionary devices to be affixed to such vehicles.

To help prevent future tragedies, the Assembly this year proposed legislation to tighten the requirements for the sale of ice cream products from ice cream trucks. Assembly bill 8815-B (DiNapoli), enacted as Chapter 267, prohibits sales on streets with speeds lower than 30 miles per hour. The new law also prohibits such trucks from backing up to make a sale, or from making a sale unless all of the following conditions are met: the truck is legally parked or stopped, the sale occurs on the side of the vehicle away from moving traffic and as near as possible to the curb or shoulder, and the customer is not standing in the roadway.

Finally, the new law directs the Commissioner of the Department of Motor Vehicles to review existing rules and regulations regarding the effectiveness of existing ice cream truck cautionary devices in preventing motor vehicle and pedestrian accidents and make any recommended changes by June 30, 1999. The new law also directs the Commissioner to study the use of stop-arms, safety arms, lights, caution beepers, convex mirrors and flashing amber lights, as well as the effect of requiring motor vehicles to stop for ice cream trucks, on further reducing such accidents.

In an effort to promote safety in the transportation of children by school bus, the Legislature enacted Chapter 318 of the Laws of 1997 to require the placement of the telephone number of the owner and/or operator of a school bus on the left rear of the vehicle, in three inch bold type. This requirement applies only to buses purchased, leased or acquired on or after September 1, 1997, although the law does not prohibit the printing of such information on buses purchased, leased or acquired prior to that date.

There was some confusion, however, as to whether the "telephone number" required by statute included the area code. Additionally, school bus owners and operators expressed concern about their difficulties in placing the required number on the left rear of the vehicle due to the placement of vehicle lights, doors, and other equipment. The Legislature, therefore, amended Chapter 318 to clarify that the phrase "telephone number" does include the area code, and to allow the telephone number to be placed anywhere on the rear of the vehicle. The Legislature anticipates that these changes will bolster compliance with the law, thereby enhancing the safety of schoolchildren.

(A.8028, Rules/Bragman; Passed Assembly)

A provision in the New York State Code of Rules and Regulations currently allows the placement of advertising on the right-hand side of a school bus. The placard is limited to 12 square feet, and the frame cannot have sharp edges nor support someone attempting to hitch a ride. The content of the placard, which must be approved by the Governor's Traffic Safety Committee, must have a highway safety theme; additionally, corporate sponsorship may be included.

Concerns have been raised that placing advertising on school buses presents a significant potential safety hazard for the student passengers. The "yellow school bus" is easily recognized on the streets and highways, and advertising can distract the attention of both the children passengers and passing motorists. While there is no data to unequivocally prove that school bus advertising causes accidents, studies have shown that as much as 4% of all motor vehicle tow-away crashes are caused by driver distraction by something outside their vehicle.

According to the New York Association for Pupil Transportation, which opposes school bus advertising, advertising compromises the safety of the students who ride school buses because it distracts their focus from safe procedures when approaching or boarding a bus; and, it presents signage hardware that a child could reach for, or be caught on or struck by. Also, the National Association of State Directors of Pupil Transportation Services does not endorse advertising on the exterior of school buses, because the potential increase to driver distraction presents a safety problem around school buses.

Assembly bill 8028, which passed the Assembly, would prohibit the placement of signs, placards or displays on school buses. This bill did not pass in the Senate.

According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle crashes are the leading cause of death for 15 to 20 year olds. The fatality rate for teenage drivers (16 to 19 years old) is about four times as high as that for drivers aged 25 through 69 years. In an effort to reduce the number of persons injured and killed in crashes involving young drivers, various jurisdictions have enacted forms of "graduated" driver licensing. These systems are designed to phase in young beginning drivers to full driving privileges as they develop their driving skills.

The Committee reported A.6768-A (Glick), which contained a number of provisions to better-prepare young beginning drivers for the driving experience. The bill would require persons with learners' permits to hold the permit for six months before becoming eligible to take the road test. The bill also would extend the probationary period by six months if the holder of the learner's permit was convicted of a serious traffic infraction during the probationary period. Additionally, the bill would raise the required age of the supervisory driver from 18 to 21 years, require all passengers in a vehicle driven by a holder of a learner's permit or junior driver's license to wear seat belts, and require the parent or guardian to certify that an applicant for a junior driver's license had operated a motor vehicle under supervision for at least 30 hours.

While the bill did not advance beyond the Codes Committee this Session, the Committee will continue to work on the issue during the upcoming Session.

(A.3080, Glick; Passed Assembly)

New York State's seat belt law prohibits the operation of a motor vehicle unless all front seat passengers under the age of 16 years are restrained by seat belts or child safety seats, and unless all back seat passengers under the age of 10 years are restrained by seat belts or child safety seats. Therefore, children over the age of 10 years could be unprotected if they ride in the rear seat.

In 1993, nearly 50 percent of the young children who died in traffic crashes were unrestrained. Among passenger vehicle occupants over the age of four years, the National Highway Traffic Safety Administration estimates that safety belts saved an estimated 10,750 lives in 1997. To enhance the safety of children riding in motor vehicles, the Assembly passed legislation (A.3080) to prohibit the operation of any motor vehicle unless all back seat passengers under the age of 16 are properly restrained. The Senate did not pass this bill.

(A.5744-A, Hochberg; Passed Assembly)

Pursuant to the authorization granted by various provisions of the Vehicle and Traffic Law, a number of State and local agencies and authorities have prohibited, restricted or regulated the operation of vehicles on controlled-access highways, parkways, and other highway facilities under their jurisdiction. This is usually necessary because some facilities' infrastructure is not equipped to handle larger commercial vehicles; for example, bridge clearances may not accommodate larger trucks. Unfortunately, some drivers of the prohibited or restricted vehicles operate in violation of the restrictions.

Assembly bill 5744-A would increase the maximum penalties for the operation of commercial motor vehicles on parkways, highways and bridges on which they are prohibited from traveling, from $100 to $500 for a first violation, from $200 to $750 for a second violation within 18 months, and from $300 to $1,000 for a third or subsequent violation within 18 months. "Commercial motor vehicles" would include only those vehicles for which a commercial driver's license is required.

(A.5877-C, Tonko; Passed Assembly)

Improving the safety of highway users of all ages is an important goal for traffic safety professionals. Statistics have indicated that older drivers could be at a disproportionate risk for becoming involved in fatal crashes. Nationally, in 1997 older individuals accounted for: 5% of all people injured in traffic crashes; 14% of all traffic fatalities; 13% of all vehicle occupant fatalities; and, 17% of all pedestrian fatalities. In addition, in two-vehicle crashes involving an older and a younger driver, it is nearly 3 times as likely that the vehicle driven by the older person will be the vehicle which is struck.

Census figures project that New York State's population aged 65 and over will top three million by the year 2020 -- a 27% increase over the state's 1993 65+ population of almost 2.4 million. As New York's population ages, there should be continued efforts to address the mobility needs of these drivers and pedestrians. Some individuals make their own adjustments; for instance, many drivers limit their driving to daylight and/or off-peak traffic hours, familiar roads, shorter trips, and roads posted with lower speed limits. There are a number of technological and engineering advances that could enhance driving and pedestrian safety as well.

Assembly bill 5877-C would direct DMV, in consultation with DOT, the Office for the Aging, the State Police, and other appropriate groups, to develop an older highway users' assistance plan. This plan would consist of both an assessment report and a recommendations report concerning the identification and implementation of highway improvements and enhancements for making road travel safer and easier for senior drivers and pedestrians. The legislation would direct the agencies to consider a number of issues, including improved traffic control devices; roadway design improvement; pedestrian crossing design enhancements; alternatives to driving, especially in rural areas; identification of highway limitations; and, strategies for improving senior driving behaviors.

(A.2886-B, Glick; Passed Assembly)

Current law requires persons, firms or corporations owning a shopping center or facility with at least five separate retail stores and at least 20 off-street parking spaces for use by the shopping public to designate, for exclusive use by the disabled, a minimum of 5% or ten spaces, whichever is less. In a further effort to improve access by the disabled, the Assembly passed legislation to increase the number of facilities required to designate parking spaces for disabled use. By July 1, 1999, facilities with at least three separate retail stores and 20 off-street parking spaces for use by the shopping public would have to designate disabled parking spaces. This law would require facilities with one retail store to so designate by July 1, 2001.

(A.4178, DiNapoli; Passed Assembly)

While several large vehicle rental agencies offer the option of portable, temporarily installed hand controls or other mechanical devices to allow a vehicle's use by the disabled, this option generally is available only on medium and/or high price category vehicles. Assembly bill 4178 would require car rental companies with fleets of 100 or more vehicles to offer, at no additional charge, portable hand controls or other mechanical devices for use by disabled persons on all price or size categories of vehicles. If a class of vehicle is requested which is unable to accommodate the controls or devices, the rental company would be required to provide a vehicle that could, at a rate equal to that of the vehicle requested. The law would allow companies to require 48 hours prior notice.

(A.7756-D, Gantt; Chapter 455, Laws of 1998)

The Legislature enacted Chapter 642 of the Laws of 1994 to ensure the safety of railroad bridges across the State and to expedite the inspection of certain highway bridges. Chapter 642 authorized the Commissioner of DOT to enter railroad rights-of-way to inspect highway bridges, and established a railroad bridge inspection program. This program required the creation of an inventory of all railroad bridges across the State, and inspection of all such bridges.

The Legislature instituted changes in this program with the enactment of Chapter 455 of the Laws of 1998, in response to concerns from the railroad industry about difficulties in complying with the existing program. The new law modifies the railroad bridge inspection program in a number of ways, including authorizing technicians, rather than licensed professional engineers (Pes), to conduct the inspections. The law would require that the technicians' reports be of sufficient detail so as to allow licensed Pes to evaluate bridge capacity and safety. Chapter 455 also requires railroads to certify annually to DOT the following: that each bridge for which it is responsible has been inspected in accordance with bridge management inspection procedures; that every structure is safe for the loadings imposed; and, advising DOT of any change affecting safety since the previous year's filing.

The new law also requires railroads to develop and submit to DOT written bridge management and inspection procedures, developed under the supervision of a licensed PE. Such standards would have to be consistent with generally accepted railway engineering standards and procedures for railroad bridge inspections, be in conformance with DOT standards, and contain a reporting format. Finally, the new law extends the date by which passenger rail bridges would have to be inspected to January 1, 1999, the date by which certification must be submitted to DOT to March 15, 1999, and the date by which all other railroad bridges would have to be inspected to July 1, 1999.

(A.10373-A, Hoyt, Passed Assembly)

Intercity passenger rail service corridors in New York State and throughout the Northeast provide service to approximately 25% of all Amtrak riders nationally. Rail service benefits the State and local economies by safely and efficiently transporting passengers who otherwise would have to drive a car, take a bus, or fly. To thoroughly compete with other modes of transportation, however, the passenger rail industry needs to move forward in implementing high speed rail service.

High speed passenger rail provides a convenient, safe, and cost-effective transportation option than can improve mobility, promote economic development, reduce congestion, and improve air quality across the State. A Marist Institute public opinion poll conducted for the Empire Corridor Rail Task Force and the Empire State Passengers Association found that 97% of New York State registered voters think that intercity passenger train service should be improved and modernized. The same poll found that 87% of registered voters support the State using more money to improve intercity passenger service.

A rational planning process needs to be put in place in order to maximize the potential benefits of high speed rail. Therefore, the Assembly passed A.10373-A (Hoyt), which would establish a high speed rail commission to examine, evaluate, and make recommendations concerning a number of high speed rail issues.

These issues include the benefits of improving service on the Empire Corridor (the rail corridor connecting New York City with Buffalo, New York); electrification of all or part of the Empire Corridor; upgrading of existing rights-of-way; station improvements; bus connections to serve communities off the Corridor; and commuter service in the upstate cities.

The commission would ultimately provide an independently-audited, sound business plan for the development of high speed rail along the Empire Corridor. The commission also would be charged with creating a detailed plan for the upgrading or replacement of the current rail right-of-way along the Corridor; recommendations for implementation of the business and right-of-way upgrade plans; and reporting on the business plan's affect on commuter rail, the economy, job creation and tourism efforts. The Senate did not act upon this legislation.

(A.8614-A, Rules/Morelle; Chapter 428, Laws of 1998)

According to the Federal Railroad Administration's Office of Safety Analysis, New York State ranks fourth highest among the states in fatal and non-fatal injuries arising from trespassing on railroad facilities, for the years 1993 - 1998. Trespass injuries account for only 3.1% of all railroad injuries sustained within the State of New York during this period; however, certain areas of the State recently have seen a number of fatal and serious injuries arising from individuals trespassing on railroad property.

The Legislature enacted Chapter 338 of the Laws of 1997 in response to railroad trespass accidents occurring in the New York metropolitan area. This Chapter authorized the City of New York and the counties of Nassau and Suffolk to adopt local laws designating railroad properties as a "no-trespass railroad zone," providing for conspicuous posting for the establishment of criminal liability for trespassing in such zones.

At least two individuals recently were killed in Monroe County while they were on a railroad bridge. Therefore, the Legislature enacted Chapter 428 of the Laws of 1998 to extend the authorization provided by Chapter 338 to Monroe County. The Legislature anticipates that, when combined with a coordinated approach including increased education, this new law will improve the safety of individuals around railroad facilities in Monroe County.

(A.8186-A, Rules/Perry; Chapter 161, Laws of 1998)

The Environmental Protection Agency (EPA) requires the removal of underground fuel tanks that do not meet EPA standards by 1998. Approximately 28 municipal airports in New York State have underground fuel tanks that do not meet EPA standards. Failure to comply with underground storage tank requirements and proper notification can result in penalties as high as $25,000 and $10,000 per day, respectively.

The removal of fuel tanks is a very specialized type of work and can be environmentally sensitive. The scope of the environmental work associated with these projects cannot be fully ascertained until they are begun. To assist airports in complying with the EPA requirements, the Legislature enacted legislation in 1995 (Chapter 444) to allow municipal airports to contract directly with the Office of General Services for such removal of fuel storage tanks, if such airports have projects to remove fuel storage tanks funded pursuant to the Airport Preservation Program or the Special Rail and Aviation Transportation Program.

Chapter 161 of the Laws of 1998 authorizes any airport with any type of project funded through either the State Airport Preservation Program or the Special Rail and Aviation Program to contract, with DOT approval, directly with the Office of General Services (OGS) to participate in the OGS contract for the removal of fuel storage tanks. The law also provides for the deposit of airport funds with the State Comptroller, for expenditure on project costs.

(A.10914, Rules/Gantt; Chapter 279, Laws of 1998)

The federal Single Audit Act of 1984, as amended in 1997, provides audit coverage for direct-aid and pass-through federal funds expended by municipalities and public authorities through an annual single audit. Thus, a municipality using federal funds for a variety of purposes would only be subject to one audit during the year covering all its federally funded programs and projects. The federal agencies that administer the various programs the audit covers may not impose additional audit requirements. The act was intended to make the auditing process less time-consuming and onerous on the municipality and to promote efficient and effective use of federal audit resources.

Although the federal Single Audit Act encourages cooperative state/federal audit efforts, it does not provide audit assurance on state funds or compliance with state laws, rules, regulations or agreement provisions.

Chapter 279 of the Laws of 1998 establishes a six year pilot program for a single audit of State transportation assistance. The new law requires municipalities and public authorities expending in excess of $100,000 in State transportation funds in any fiscal year and which are required to have a federal single audit to prepare a "schedule of state transportation assistance expended" and have such schedule audited for the period corresponding to the federal single audit. The law requires DOT to promulgate rules and regulations to implement the pilot program, and allows additional expenses incurred in connection with the audit to be chargeable as an indirect expense to the State program. Finally, Chapter 279 requires DOT to provide an annual report to the Governor and the Legislature, beginning in 2000, on the benefits and costs associated with the single audit program. Examples of programs affected by this new law include State transit operating assistance, snow & ice control on state highways, aviation grants, the Industrial Access Program, CHIPS, and Marchiselli.

(A.9363-A, Jacobs; Chapter 429, Laws of 1998)

Among the challenges facing states in complying with federal welfare-to-work requirements is improving the transportation linkage between job applicants/employees and places of employment. Many job opportunities are available in central cities and downtown areas where public transit is easily accessible. However, jobs are growing in suburban locations where transit service may not be as accessible. Limitations on transit routes and service hours also can create a challenge in linking workers with jobs having swing shifts or evening hours. Additionally, one in four families nationwide receiving public assistance live in rural areas, and according to some, a disproportionate share of non-metropolitan residents reside in poverty-level households. Many of these rural areas either lack or have limited access to public transit services.

Public transit service providers play a pivotal role in making this connection, and many public transportation authorities in New York State have been working to address welfare-to-work needs. The establishment of vanpools and shuttle services are two examples of how public transit operators are attempting to provide expanded services. However, there will be circumstances where public transit may not be the best answer. The Legislature, therefore, enacted Assembly bill 9363-A (Jacobs, Chapter 429, Laws of 1998), to expand the transportation options of low-income workers.

Prior to the passage of this act, registered motor vehicle dealers were prohibited from transferring uninspected motor vehicles to any person other than another registered dealer. This precluded welfare-to-work programs with the capacity to repair vehicles to meet safety inspection standards from having access to these vehicles. The new law authorizes registered motor vehicle dealers to transfer, for no remuneration, uninspected motor vehicles to welfare-to-work programs. Once the vehicles pass inspection, are insured, and are registered with DMV, low-income workers will have another option to get to work.

(A.10954, Rules/Bragman; Chapter 642, Laws of 1998)

Under the Vehicle and Traffic Law, a farmer engaged in food production (such as crops, dairy cattle, or livestock) is authorized to register vehicles used to transport his or her commodities, supplies, or for personal use, as an "agricultural truck" for a lower registration fee. As the agricultural industry evolves, more and more farmers have diversified their operations in order to keep their farms economically viable. A growing sector of the industry has been horticulture, including such agricultural commodities as nursery stock, ornamental shrubs, and ornamental trees and flowers.

Chapter 642 of the Laws of 1998 extends the eligibility of vehicles to be registered as "agricultural trucks" to include those vehicles used to transport horticultural products and supplies produced or used by the registrant.

(A.11282, Rules/Silver; Chapter 382, Laws of 1998)

Federal law mandates that states enact laws requiring operators of commercial motor vehicles to hold valid commercial drivers' licenses. "Commercial motor vehicles" are defined to include vehicles designed or used to transport passengers which have a gross vehicle weight rating of more than 26,000 pounds.

However, federal regulations regarding requirements for commercial driver's licenses (CDLs) provide an exemption for firefighters and other persons who operate commercial motor vehicles which are necessary to the preservation of life or property or the execution of emergency governmental functions. With this exemption, the Federal Highway Administration recognized that operators of emergency medical vehicles are vital links in obtaining necessary medical care for critically ill and injured people.

New York State regulations allow ambulance operators, including voluntary ambulance operators, to operate an ambulance with any class license other than a class DJ (junior driver's license), M (motorcycle driver's license) or MJ (junior motorcycle driver's license). However, the Vehicle and Traffic Law did not provide the same explicit exemption as the federal regulations. Chapter 382 of the Laws of 1998 clarifies that volunteer operators of ambulances which have a GVWR of more than 26,000 pounds are able to operate such vehicles with any class driver's license other than a class DJ, M or MJ license.

Albany, January 27, 1998

Incidents of aggressive driving, referred to as "road rage" in its more extreme forms, appear to have grown in the past few years, receiving the widespread attention of the public. Aggressive driving manifests itself through acts such as tailgating, flashing of headlights, reckless driving, deliberately obstructing other vehicles, verbal abuse and, at the more extreme end, physical assault.

Given the dangers posed by aggressive drivers, and the possibility of death or serious physical injury arising from incidents of aggressive driving, the Assembly Transportation Committee conducted a public hearing to examine the nature and scope of aggressive driving, as well as options to appropriately address it.

The Committee heard testimony from diverse groups, including the New York State Police, the NYS Thruway Authority, DMV, the National Highway Traffic Safety Administration, the NYS Chapter of the American Automobile Association, and the Alliance of American Insurers.

New York City, April 23, 1998

Combining the drinking of alcoholic beverages with the driving of motor vehicles is a serious public health and safety problem. Drunk drivers inflict personal suffering on their victims, and impose significant social and economic costs on society.

Beginning with the enactment in the early 1980s of the first set of reforms to its drunk driving statutes, New York State has been successful in reducing the number of alcohol-related crashes (by 54%), increasing the number of DWI convictions annually (by 47%), and reducing both the likelihood of being involved in an alcohol-related crash and of being killed by a drunk driver (by 69% and 63% respectively).

The law in New York State deems a driver to be driving while intoxicated "per se" if such driver operates a motor vehicle while his or her blood alcohol concentration is at or above the 0.10% legal limit. In order to assist in its review of proposals to lower the per se level for DWI from the current 0.10% to 0.08%, including the practical effects and policy implications, the Assembly Standing Committees on Transportation, Codes, and Alcoholism and Substance Abuse conducted a public hearing. The Committees heard testimony from a wide range of witnesses including DMV, the New York State Police, the National Highway Traffic Safety Administration, various advocacy groups including MADD and the NYS Advocates for Highway Safety, the NYS Chapter of the American Automobile Association, and the NYS Medical Society.

The Committee will review and analyze a number of issues during the 1999 Legislative Session. Highway safety issues to be explored continue to include drunk driving initiatives, as well as other driver issues such as distraction, drowsiness, inattention, and aggression; medical impairments; pedestrian safety; and, road design. Work also will continue on legislation to improve highway safety through driver licensing issues such as vision tests and graduated licensing.

The enactment of the federal Transportation Equity Act for the 21st Century (TEA-21) provides opportunities for New York State to continue its work toward a safer transportation system. TEA-21 also requires states to enact certain laws in order to avoid loss of federal highway aid. The Committee will review the opportunities and requirements of the federal law during 1999.

As always, the Committee will examine additional issues brought to its attention by legislators, staff, and, most importantly, the people of the State of New York.