senate Bill S3416

Amended

Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects

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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

  • 01 / Feb / 2013
    • REFERRED TO TRANSPORTATION
  • 12 / Feb / 2013
    • 1ST REPORT CAL.68
  • 27 / Feb / 2013
    • 2ND REPORT CAL.
  • 28 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 17 / Jan / 2014
    • PRINT NUMBER 3416A

Summary

Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects, or colliding with motorized or non-motorized vehicles or pedestrians, or leaving the roadway; further requires the commissioner of transportation and the thruway authority to submit a report to the governor and legislature and prohibits any data from the study to be used in certain court proceedings.

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Bill Details

See Assembly Version of this Bill:
A5669
Versions:
S3416
S3416A
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Amd §14, Transp L; amd §361, Pub Auth L

Votes

15
1
15
Aye
1
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S3416

TITLE OF BILL: An act to amend the transportation law and the public
authorities law, in relation to the study and examination of the state's
roadways and the thruway in reducing certain motor vehicle risks

PURPOSE OR GENERAL IDEA OF BILL: Requires a study of the performance of
the state's roadways in reducing the risk of motor vehicles departing
the travel lane and overturning, or colliding with fixed objects.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the transportation law, section 14 by adding a new
subdivision 36. Requires the Commissioner to submit a report on lane
departures, utilizing existing data whenever possible. Provides that
such report shall be submitted no later than August 31, 2014 and annual-
ly thereafter to the governor and the legislature. Specifies that the
report shall include but not be limited to high-fatality roadway
segments and those segments with hazardous features such as steep
slopes, embankments, cliffs, drop-offs or deep bodies of water.
Provides that no provision of this subdivision shall be deemed to
conflict with or supersede the evidentiary and discovery protections and
rights as provided for in federal or state law.

Section 2. Amends the public authorities law by adding a new subdivision
3. Requires the authority to duty and examine the performance of the
thruway authority in reducing the risk of motor vehicles departing the
travel lane and overturning. Provides that such report shall be submit-
ted no later than August 31, 2014 and annually thereafter to the gover-
nor and the legislature. Provides that no provision of this subdivision
shall be deemed to conflict with or supersede the evidentiary and
discovery protections and rights as provided for in federal or state
law.

Section 3. Effective Date

EXISTING LAW: None

JUSTIFICATION: Motor vehicle crashes take a terrible human toll on
people whether they are vehicle passengers, motorcyclists, bicyclists,
or pedestrians, depriving individuals of their independence when crashes
cause serious physical injury, and depriving families of their loved
ones and society of valued members when the crashes are fatal. While
there are general downward trends in the number of motor vehicle fatal
crashes and the number of fatalities on New York State's roadways, more
can and should be done to further prevent them. This bill presents an
opportunity to focus on high-risk sections of road across the State such
as those with a high number of fatal crashes, and those with hazardous
features like steep slopes, embankments. cliffs, drop-offs and deep
bodies of water. Strategies for reducing the risk of vehicles abruptly
leaving their lanes of travel and crashing can and should be identified

in order to reduce the risk of crashes at these high-risk locations to
better protect the safety of the traveling public and prevent future
tragedies.

PRIOR LEGISLATIVE HISTORY: 2012: Similar bill- S.7399-A - Died on Third
Reading Calendar/A.10125-A - Passed Assembly.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect sixty days after it shall
have become a law.

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

                                  3416

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

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

AN ACT to amend the transportation law and the public  authorities  law,
  in  relation  to the study and examination of the state's roadways and
  the thruway in reducing certain motor vehicle risks

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

  Section  1.  Section 14 of the transportation law is amended by adding
a new subdivision 36 to read as follows:
  36. TO STUDY AND EXAMINE THE PERFORMANCE OF THE  STATE'S  ROADWAYS  IN
REDUCING  THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND OVER-
TURNING, OR COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTORIZED OR
NON-MOTORIZED VEHICLES OR PEDESTRIANS,  OR  LEAVING  THE  ROADWAY.  SUCH
STUDY  AND EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, SEGMENTS OF
THE STATE'S ROADWAYS WITH A HIGH NUMBER OF FATAL CRASHES,  AND  SEGMENTS
OF  ROADWAY  WITH  HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS,
CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE COMMISSIONER SHALL SUBMIT
A REPORT ON LANE DEPARTURES, UTILIZING EXISTING DATA WHENEVER  POSSIBLE,
BEGINNING  NO  LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND FOURTEEN AND
ANNUALLY THEREAFTER, TO THE GOVERNOR AND THE  LEGISLATURE  WHICH  REPORT
SHALL  INCLUDE  BUT  SHALL NOT BE LIMITED TO: (A) THE NUMBER AND TYPE OF
TRAVEL LANE DEPARTURE CRASHES ON THE STATE'S ROADWAYS INCLUDING, BUT NOT
LIMITED TO, FIXED OBJECT, HEAD-ON, CROSS-OVER,  ROLLOVER  AND  SIDESWIPE
CRASHES,  ROADWAY DEPARTURES, AND THOSE INVOLVING NON-MOTORIZED VEHICLES
AND PEDESTRIANS; (B) THE EXTENT TO WHICH  THE  DEPARTMENT  HAS  ANALYZED
CRASH DATA AND IDENTIFIED AND CONSIDERED THE SAFETY NEEDS OF THE STATE'S
ROADWAYS  INCLUDING  BUT  NOT  LIMITED  TO  HIGH-FATALITY  SEGMENTS  AND
SEGMENTS WITH HAZARDOUS FEATURES  SUCH  AS  STEEP  SLOPES,  EMBANKMENTS,
CLIFFS,  DROP-OFFS  OR  DEEP  BODIES  OF WATER; AND (C) THE MEASURES AND
STRATEGIES THAT THE DEPARTMENT HAS UNDERTAKEN, OR PLANS TO UNDERTAKE, TO
IMPROVE ROADWAY PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE  TRAVEL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08589-01-3

S. 3416                             2

LANE  DEPARTURES AND CRASHES.  NO PROVISION OF THIS SUBDIVISION SHALL BE
DEEMED TO CONFLICT WITH  OR  SUPERSEDE  THE  EVIDENTIARY  AND  DISCOVERY
PROTECTIONS AND RIGHTS AS PROVIDED FOR IN FEDERAL OR STATE LAW. NOTWITH-
STANDING  ANY  OTHER  PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES,
LISTS, OR DATA COMPILED OR COLLECTED FOR  THE  PURPOSE  OF  IDENTIFYING,
EVALUATING,  OR  PLANNING  THE  SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT
SITES,  HAZARDOUS  ROADWAY  CONDITIONS,  OR  RAILWAY-HIGHWAY  CROSSINGS,
PURSUANT  TO  FEDERAL  OR STATE LAW OR FOR THE PURPOSE OF DEVELOPING ANY
HIGHWAY SAFETY CONSTRUCTION IMPROVEMENT PROJECT SHALL NOT BE SUBJECT  TO
DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEED-
ING  OR  CONSIDERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES ARISING
FROM ANY OCCURRENCE  AT  A  LOCATION  MENTIONED  OR  ADDRESSED  IN  SUCH
REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA.
  S  2. Section 361 of the public authorities law is amended by adding a
new subdivision 3 to read as follows:
  3. THE AUTHORITY SHALL STUDY AND EXAMINE THE PERFORMANCE OF THE  THRU-
WAY IN REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND
OVERTURNING,  OR  COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTOR-
IZED OR NON-MOTORIZED VEHICLES OR PEDESTRIANS, OR LEAVING  THE  THRUWAY.
SUCH  STUDY  AND  EXAMINATION  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO,
SEGMENTS OF THE THRUWAY  WITH  A  HIGH  NUMBER  OF  FATAL  CRASHES,  AND
SEGMENTS  WITH  HAZARDOUS  FEATURES  SUCH  AS STEEP SLOPES, EMBANKMENTS,
CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE AUTHORITY SHALL SUBMIT  A
REPORT  ON  LANE  DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE,
BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND  FOURTEEN  AND
ANNUALLY  THEREAFTER,  TO  THE GOVERNOR AND THE LEGISLATURE WHICH REPORT
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER  AND  TYPE  OF
TRAVEL  LANE DEPARTURE CRASHES ON THE THRUWAY INCLUDING, BUT NOT LIMITED
TO, FIXED OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND  SIDESWIPE  CRASHES,
ROADWAY  DEPARTURES,  AND  THOSE  INVOLVING  NON-MOTORIZED  VEHICLES AND
PEDESTRIANS; (B) THE EXTENT TO WHICH THE AUTHORITY  HAS  ANALYZED  CRASH
DATA  AND  IDENTIFIED  AND  CONSIDERED  THE  SAFETY NEEDS OF THE THRUWAY
INCLUDING BUT NOT LIMITED TO HIGH-FATALITY SEGMENTS  AND  SEGMENTS  WITH
HAZARDOUS  FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS, CLIFFS, DROP-OFFS
OR DEEP BODIES OF WATER; AND (C) THE MEASURES AND  STRATEGIES  THAT  THE
AUTHORITY  HAS  UNDERTAKEN,  OR  PLANS  TO UNDERTAKE, TO IMPROVE THRUWAY
PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL LANE  DEPARTURES
AND  CRASHES.    NO  PROVISION  OF  THIS  SUBDIVISION SHALL BE DEEMED TO
CONFLICT WITH OR SUPERSEDE THE EVIDENTIARY AND DISCOVERY PROTECTIONS AND
RIGHTS AS PROVIDED FOR IN FEDERAL  OR  STATE  LAW.  NOTWITHSTANDING  ANY
OTHER  PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA
COMPILED OR COLLECTED FOR THE PURPOSE  OF  IDENTIFYING,  EVALUATING,  OR
PLANNING  THE  SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT SITES, HAZARDOUS
ROADWAY CONDITIONS, OR RAILWAY-HIGHWAY CROSSINGS, PURSUANT TO FEDERAL OR
STATE  LAW  OR  FOR  THE  PURPOSE  OF  DEVELOPING  ANY  HIGHWAY   SAFETY
CONSTRUCTION  IMPROVEMENT  PROJECT  SHALL NOT BE SUBJECT TO DISCOVERY OR
ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSID-
ERED FOR OTHER PURPOSES IN ANY  ACTION  FOR  DAMAGES  ARISING  FROM  ANY
OCCURRENCE  AT  A  LOCATION  MENTIONED  OR  ADDRESSED  IN  SUCH REPORTS,
SURVEYS, SCHEDULES, LISTS, OR DATA.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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