senate Bill S327A

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:S327A

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to enacting Allison's law - 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 "Allison's
law - 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: This bill is titled "Allison's Law" in honor of
Allison Liao, a beautiful 3 year-old girl who was tragically struck
and killed by a motorist as she was crossing the street with her
grandmother in October 2013 in Flushing, Queens.

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 "Allison's Law", 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: New Bill

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--A

                       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 --  recommitted  to
  the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to enacting Allison's law - 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 "Allison's  law
- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03399-02-4

S. 327--A                           2

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.
  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-

S. 327--A                           3

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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