BILL NUMBER:  S7177              REVISED 05/10/10

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to
restricting access of commercial vehicles


 PURPOSE OR GENERAL IDEA OF BILL :
To establish that no commercial vehicle shall be restricted in the use
of state of state highways without proper evidence of a safety
concern.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends Section 1621(a)(9) of the Vehicle and Traffic Law by
providing that commercial vehicles be excluded from highways,only for
public safety, requires the Department of Transportation to issue a
finding showing a public safety problem, that the exclusion will
adequately address the problem and that other mitigating factors
failed.

 JUSTIFICATION :
Proposed regulations being reviewed by the Department of
Transportation (DOT) would restrict trucks over 45 feet in length
access to certain routes within the Finger Lakes Region. These
regulations will have negative financial implications and unintended
consequences on New York's agricultural economy and commercial
              

trucking industry.

The New York Farm Bureau has identified several specific cases where
farms would see increased costs under the proposed draft regulations
which range from 540,000 to almost $1 million per year. These are
costs that would be directly absorbed by New York farmers who often
cannot pass increases on to consumers.

The commercial trucking industry provides a vital service to
businesses and communities across New York State. Trucks transport
over 91 percent of manufactured goods in New York and nearly 90
percent of communities in the state rely solely on trucks to move
their goods. Trucks pay approximately 32 percent of all taxes and fees
owed by New York State motorists but account for only 7.8 percent of
vehicle miles driven.

Excluding trucks from roads drives up costs to the trucking industry
through increased fuel use, added miles and wear on trucks, and
additional driver work hours. Forcing trucks to drive longer routes
also increases the amount of emissions.

The trucking industry in New York continually faces increased
registration and toll fees, a ton-mile tax that is exclusive to New
York and only a few other states, and higher than average diesel fuel
costs.  Excluding trucks from routes in New York absent reasons of
public safety will further the decline of the industry in New York,
increase the costs to deliver goods and require those additional costs
be passed on to consumers.  Because trucks transport so much of our
goods, those increased costs may be seen in everything from food at a
local grocery store to the construction of a new home.

This legislation will ensure that any decision to restrict truck
access is based on demonstrated reasons of safety.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, and be deemed to have been in
full force and effect on February 11, 2010.