senate Bill S4284

Requires the surfaces of non-commercial vehicles and commercial vehicles with a gross vehicle weight rating of ten thousand pounds or less to be cleared of accumulated snow, sleet, or hail

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Mar / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Requires the surfaces of non-commercial vehicles and commercial vehicles with a gross vehicle weight rating of ten thousand pounds or less to be cleared of accumulated snow, sleet or hail; exempts any automobile transporter, motorcycle or authorized emergency vehicle; imposes fines.

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Bill Details

See Assembly Version of this Bill:
A5343
Versions:
S4284
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1229-e, amd §125, V & T L

Sponsor Memo

BILL NUMBER:S4284

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to requiring the
surfaces of certain vehicles to be cleared of accumulated snow,
sleet, or hail

PURPOSE OR GENERAL IDEA OF BILL:
This bill will require the surfaces
of non-commercial vehicles to be cleared of accumulated snow, sleet
or hail.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the vehicle and
traffic law by adding a new section 1229-e which requires the removal
of snow, sleet or hail from any non-commercial, or commercial vehicle
weighing less than ten thousand pounds traveling on a public street
or highway.

2. This section shall not apply during the falling of snow.

3. This section provides for a penalty of not less than fifty ($50)
nor more than one hundred and fifty ($150) dollars, excluding
disabled operators.

4. This section provides for a penalty of no less than two hundred
fifty ($250) dollars and no more than five hundred ($500) dollars if
the violation of this act results in an injury to another person, or
another person's property, including applying a one point value to
the individual's license.

5. This section provides for a penalty of no less than five hundred
dollars ($500) and no more than one thousand dollars ($1,000) if the
violation of this act results in serious physical injury to another
person. Additionally, a violation of this section includes an
application of two license points.

6. The provisions of this act shall not apply to any automobile
transporter, motorcycle or authorized emergency vehicle This bill
also amends section 125 of the vehicle and traffic law to include the
provisions of this bill.

JUSTIFICATION:
This bill provides a disincentive for motorists leave a
build-up of snow, sleet or hail on their vehicles which could
potentially injury other motorists or their vehicles. With near
record snow accumulation, motorists should feel compelled to remove
snow from their vehicles to prevent damage.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4284

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced  by  Sen. MARTINS -- 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  requiring
  the  surfaces  of  certain vehicles to be cleared of accumulated snow,
  sleet, or hail

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1229-e to read as follows:
  S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
ATE A NON-COMMERCIAL MOTOR VEHICLE OR A COMMERCIAL MOTOR VEHICLE WITH  A
GROSS  VEHICLE  WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS ON A PUBLIC
STREET OR HIGHWAY WHILE THERE IS AN ACCUMULATION OF SNOW, SLEET, OR HAIL
ON THE ROOF OR CARGO BED  SURFACES  THEREOF,  WHETHER  OF  ANY  OCCUPANT
COMPARTMENT, TRAILER, OR OTHER CARGO COMPARTMENT.
  2.  THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY SUBDI-
VISION ONE OF THIS SECTION SHALL NOT APPLY DURING THE FALLING  OF  SNOW,
SLEET, OR HAIL.
  3.  THE  OPERATOR  OF A VEHICLE IN VIOLATION OF THE PROVISIONS OF THIS
SECTION, EXCLUDING A SEVERELY DISABLED PERSON, AS DEFINED IN SUBDIVISION
THREE OF SECTION FOUR HUNDRED FOUR-A OF THIS CHAPTER, SHALL  BE  SUBJECT
TO A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED FIFTY
DOLLARS.
  4.  THE  OPERATOR  OF  A  VEHICLE  WHO VIOLATES THE PROVISIONS OF THIS
SECTION WHERE SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY  OF  ANOTHER
PERSON, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, OR DAMAGE TO PROP-
ERTY  OF ANOTHER PERSON, SHALL BE SUBJECT TO A FINE OF NOT LESS THAN TWO
HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.  ADDITIONALLY,
A LICENSE POINT VALUE OF ONE POINT SHALL BE APPLIED.
  5.  THE  OPERATOR  OF  A  VEHICLE  WHO VIOLATES THE PROVISIONS OF THIS
SECTION WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL  INJURY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08266-02-1

S. 4284                             2

ANOTHER  PERSON,  AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, SHALL BE
SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  NOR  MORE  THAN
ONE  THOUSAND DOLLARS. ADDITIONALLY, A LICENSE POINT VALUE OF TWO POINTS
SHALL BE APPLIED.
  6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one
million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter,  and  (d)
all  terrain  vehicles as defined in article forty-eight-B of this chap-
ter. For the purposes of title four of  this  chapter,  the  term  motor
vehicle  shall  exclude  fire and police vehicles other than ambulances.
For the purposes of titles four and  five  AND  SECTION  TWELVE  HUNDRED
TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
type  tractors  and all terrain type vehicles used exclusively for agri-
cultural purposes, or for snow plowing, other than for hire, farm equip-
ment, including self-propelled machines  used  exclusively  in  growing,
harvesting  or  handling farm produce, and self-propelled caterpillar or
crawler-type equipment while being operated on the contract site.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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