senate Bill S327

Amended

Enacts Allison's law - the traffic safety compliance act relative to requests for and study of implementation of traffic control devices in the city

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CITIES
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 26 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO CITIES
  • 26 / Mar / 2014
    • PRINT NUMBER 327A

Summary

Enacts Allison's law - the traffic safety compliance act relative to requests for and study of implementation of traffic control devices in the city; creates an independent advisory board.

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Bill Details

Versions:
S327
S327A
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Add Title 19 Chap 1 Subchap 4 ยงยง19-190 & 19-191, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Cycle:
S6908

Sponsor Memo

BILL NUMBER:S327

TITLE OF BILL: REVISED 12/10/12

An act
to amend the administrative code of the city of New York, in relation to
enacting the traffic safety compliance act relative to requests for and
study of implementation of traffic control devices in the city

SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the title of the bill as the "traffic
safety compliance act".

Section 2 of the bill amends Chapter 1 of title 19 of the
administrative code of the city of New York by adding a new
subchapter 4 that will require the following:

1. Section 19-190 will require an engineering study or intersection
control study pursuant to the requirements of the National Manual on
Uniform Traffic Control Devices ("MUTCD") to be completed within 3
months of receiving a request to implement a traffic control device.

2. Upon completion of the study the city department of transportation
("department") must prepare a written report detailing the analysis
completed during the study, including an explanation of the analysis
of criteria or warrants considered pursuant to the MUTCD. If a
specific location is deemed to fail the criteria and/or warrants, the
written report shall provide a detailed explanation of the reasons
therefore.

3. A copy of the department's report shall be provided to the party or
parties that requested implementation of the traffic control device
and shall be available to the public without cost.

4. If the department determines that no traffic control device is
warranted, the requesting party shall be entitled to request a review
of the findings within sixty days of the date of the notification.
The appealing party shall be entitled to submit new data with the
appeal that must be considered and addressed in a supplementary report.
If after consideration of the appeal the department still determines
no traffic control device is warranted, the commissioner shall refer
the matter to an independent advisory board to review the
department's findings. A copy of the advisory board's findings shall
be forwarded to the party or parties and the commissioner. If the
advisory board's recommendation is rejected by the commissioner the
commissioner shall state the reasons for such rejection in writing.

5. The advisory board shall consist of five members including the
deputy mayor for public safety or his or her assignee, the police
commissioner or his or her assignee, one person appointed by the
commissioner, and two residents appointed by the City Council.

5. After completion of the study pursuant to this section, the
department shall not be required to complete another study at the
same location for twelve months following.


6. Section 19-191, entitled "collection of accident data", will
require that in performance of the study required by section 19-190
the department shall collect and consider accident data. In addition
to information received from the state police department accident
index system and individual accident reports, the department shall
consider accident data from the following sources: reports of
accidents contained in affidavits signed by members of the public and
traffic accident data collected by the state department of financial
services as a result of automobile insurance claims relating to
traffic accidents. The state department of financial services shall
provide the department with data relating to the occurrence of
traffic accidents within the city with specific information
identifying the location of reported accidents.

Section 2 of the bill sets forth an effective of one hundred and
eighty days after it shall have become a law.

JUSTIFICATION:

According to the department, its determinations regarding the
placement of traffic control devices are based either in whole or in
part upon the federal Manual on Uniform Traffic Control Devices
("MUTCD") traffic standards.

Although the MUTCD standards may set forth reasonable and necessary
assessments that must be made in determining a need for a traffic
control device, the department has failed on a regular basis to
provide any substantiation for determinations that a requested
traffic control device is "not warranted". There are numerous
examples of intersections throughout the city that are clearly in
need of some type of traffic control device, yet the department has
deemed that no traffic control device is warranted at that location
with minimal, if any, explanation of its analysis that led to such a
finding.

In addition, it is also appears that much of the information used by
the department to make an assessment is inadequate at best. This
includes incomplete accident reports and/or statistics received from
the police department, which appear to be the sole group of
statistics relied upon by department. As a result, the department is
incapable of making a fully informed and reasonable decision on a
particular request for a traffic control device if it has
insufficient evidence of accident reports and/or statistics.

This legislation will require the department to complete a thorough
and timely engineering study pursuant to the requirements of the
MUTCD and to provide a detailed written report following completion
of these studies. It will also provide for an appeals process where a
request for a traffic control device has been deemed "not warranted"
and ensures that the ultimate determination of the department is
fully explained and disclosed to the public. The bill would also
require the department to compile additional accident data which
would include affidavits from the public. Veracity of these
affidavits is insured by the existence of current penal law
provisions regarding the making of false statements or providing
false information of false testimony. Finally, the bill would allow


for renewed engineering studies to be commenced at a specific
location after 12 months, rather than the current 18 months.

Passage of the "traffic safety compliance act", will enhance the
department's compliance with the MUTCD and add much needed
substantiation and transparency to the department's determination
process for the placement of traffic control devices throughout the
city.

LEGISLATIVE HISTORY:

2011-12: S.6908

FISCAL IMPLICATIONS:

Yet to be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after is
shall have become a law.

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

                                   327

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  enacting  the  traffic safety compliance act relative to
  requests for and study of implementation of traffic control devices in
  the city

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

  Section  1.  This  act shall be known and may be cited as the "traffic
safety compliance act".
  S 2. Chapter 1 of title 19 of the administrative code of the  city  of
New York is amended by adding a new subchapter 4 to read as follows:
                               SUBCHAPTER 4
                      TRAFFIC SAFETY COMPLIANCE ACT
  S  19-190   TRAFFIC  CONTROL  DEVICE STUDY AND REPORT. 1. WITHIN THREE
MONTHS OF RECEIVING A REQUEST TO IMPLEMENT A TRAFFIC CONTROL DEVICE, THE
DEPARTMENT SHALL PERFORM AN ENGINEERING STUDY  OR  INTERSECTION  CONTROL
STUDY  PURSUANT  TO  THE  REQUIREMENTS OF THE NATIONAL MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES (HEREINAFTER REFERRED  TO  IN  THIS  SECTION  AS
"MUTCD"),  PROMULGATED BY THE FEDERAL HIGHWAY ADMINISTRATION PURSUANT TO
SUBPART F OF PART 655 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS.
  2. UPON COMPLETION OF SUCH STUDY, THE DEPARTMENT SHALL PREPARE A WRIT-
TEN REPORT DETAILING THE ANALYSES DONE DURING THE  STUDY,  INCLUDING  AN
EXPLANATION  OF THE ANALYSIS OF CRITERIA OR WARRANTS CONSIDERED PURSUANT
TO THE MUTCD. IF A SPECIFIC TRAFFIC CONTROL DEVICE LOCATION IS DEEMED TO
HAVE FAILED TO MEET ANY OF THE  CRITERIA  OR  WARRANTS  CONSIDERED,  THE
WRITTEN  REPORT  SHALL  PROVIDE  A  DETAILED  EXPLANATION OF THE REASONS
THEREFORE.
  3. A COPY OF THE DEPARTMENT'S REPORT SHALL BE PROVIDED TO THE PARTY OR
PARTIES THAT REQUESTED IMPLEMENTATION OF THE TRAFFIC CONTROL DEVICE  AND
SHALL  BE  AVAILABLE  TO  THE  PUBLIC  WITHOUT COST AT THE OFFICE OF THE
DEPARTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03399-01-3

S. 327                              2

  4. IF IN RESPONSE TO A REQUEST AND AFTER COMPLETION OF THE  STUDY  AND
REPORT REQUIRED BY THIS SECTION, THE DEPARTMENT DETERMINES THAT NO TRAF-
FIC  CONTROL  DEVICE  IS  WARRANTED, THE PARTY OR PARTIES THAT REQUESTED
IMPLEMENTATION OF THE TRAFFIC CONTROL DEVICE SHALL BE ENTITLED TO  APPLY
TO  THE  COMMISSIONER  FOR A REVIEW OF THE FINDINGS WITHIN SIXTY DAYS OF
THE DATE OF NOTIFICATION. THE APPEALING PARTY OR PARTIES SHALL BE  ENTI-
TLED  TO SUBMIT NEW DATA WITH THE APPEAL, WHICH NEW DATA MUST BE CONSID-
ERED BY THE DEPARTMENT AND ADDRESSED IN A SUPPLEMENTARY REPORT. IF AFTER
CONSIDERATION OF ANY NEW DATA, THE DEPARTMENT STILL DETERMINES  THAT  NO
TRAFFIC  CONTROL  DEVICE  IS WARRANTED, THE COMMISSIONER SHALL REFER THE
MATTER TO AN INDEPENDENT ADVISORY BOARD TO REVIEW THE DEPARTMENT'S FIND-
INGS. A COPY OF THE ADVISORY BOARD'S RECOMMENDATIONS SHALL  BE  PROMPTLY
FORWARDED  TO THE PARTY OR PARTIES AND TO THE COMMISSIONER. IF THE ADVI-
SORY BOARD'S RECOMMENDATION IS REJECTED BY THE COMMISSIONER,  WHOLLY  OR
IN  PART,  THE  COMMISSIONER  SHALL  STATE  HIS  OR HER REASONS FOR SUCH
REJECTION IN WRITING.
  5. THE ADVISORY BOARD SHALL CONSIST OF FIVE MEMBERS. THE MEMBERSHIP OF
THE BOARD SHALL CONSIST OF THE DEPUTY MAYOR FOR PUBLIC SAFETY OR HIS  OR
HER ASSIGNEE, THE POLICE COMMISSIONER OR HIS OR HER ASSIGNEE, ONE PERSON
APPOINTED BY THE COMMISSIONER AND TWO RESIDENTS OF THE CITY APPOINTED BY
THE  NEW  YORK  CITY  COUNCIL. EACH OF THE MEMBERS OF THE ADVISORY BOARD
SHALL SERVE DURING THE TERM OF THEIR RESPECTIVE OFFICES OR, IN THE  CASE
OF  AN  ASSIGNEE  OF  SUCH  AN  OFFICER  AND THE MEMBER APPOINTED BY THE
COMMISSIONER, AT THE PLEASURE OF SUCH OFFICER AND THE  COMMISSIONER  OR,
IN THE CASE OF AN ASSIGNEE OF THE NEW YORK CITY COUNCIL, FOR A PERIOD OF
FOUR  YEARS,  RESPECTIVELY.  NO  MEMBER  OF  THE ADVISORY BOARD SHALL BE
DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE, NOR SHALL  EMPLOYMENT
BE  FORFEITED  BY REASON OF THE MEMBER'S APPOINTMENT HEREUNDER, NOTWITH-
STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE,
COUNTY OR CITY CHARTER. ALL MEMBERS OF THE ADVISORY BOARD SHALL  RECEIVE
ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR
DUTIES.
  6. AFTER COMPLETING A STUDY PURSUANT TO THIS SECTION,  THE  DEPARTMENT
SHALL NOT BE REQUIRED TO COMPLETE ANOTHER STUDY AT THE SAME LOCATION FOR
TWELVE  MONTHS  FOLLOWING  SUCH  STUDY,  UNLESS  IT IS DETERMINED BY THE
DEPARTMENT THAT TRAFFIC CONDITIONS AT THE LOCATION HAVE CHANGED  SIGNIF-
ICANTLY SINCE THE COMPLETION OF SUCH STUDY.
  S  19-191  COLLECTION OF ACCIDENT DATA. IN PERFORMING A STUDY REQUIRED
BY SECTION 19-190 OF THIS SUBCHAPTER, THE DEPARTMENT SHALL  COLLECT  AND
CONSIDER  ACCIDENT  DATA.  IN ADDITION TO INFORMATION RETRIEVED FROM THE
STATE POLICE DEPARTMENT ACCIDENT INDEX SYSTEM  AND  INDIVIDUAL  ACCIDENT
REPORTS, SUCH ACCIDENT DATA SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
  1.  REPORTS  OF ACCIDENTS CONTAINED IN AFFIDAVITS SIGNED BY MEMBERS OF
THE PUBLIC. A PERSON MAKING A FALSE STATEMENT OR PROVIDING FALSE  INFOR-
MATION  OF  FALSE  TESTIMONY  IN  A  REPORT  UNDER THIS SECTION SHALL BE
SUBJECT TO CRIMINAL PROSECUTION PURSUANT TO ARTICLE ONE  HUNDRED  SEVEN-
TY-FIVE OR ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
  2.  TRAFFIC  ACCIDENT DATA COLLECTED BY THE STATE DEPARTMENT OF FINAN-
CIAL SERVICES AS A RESULT OF AUTOMOBILE  INSURANCE  CLAIMS  RELATING  TO
TRAFFIC  ACCIDENTS. SUCH DATA, WHICH RELATES TO TRAFFIC ACCIDENTS OCCUR-
RING WITHIN THE CITY, SHALL BE  PROVIDED  BY  THE  STATE  DEPARTMENT  OF
FINANCIAL  SERVICES,  WITH SPECIFIC INFORMATION IDENTIFYING THE LOCATION
OF REPORTED ACCIDENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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