senate Bill S6623B

Signed by Governor

Regulates the length of car carriers and tow trucks

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Sponsor

Bill Status


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

  • 19 / Feb / 2014
    • REFERRED TO TRANSPORTATION
  • 06 / May / 2014
    • 1ST REPORT CAL.515
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 14 / May / 2014
    • AMENDED ON THIRD READING 6623A
  • 11 / Jun / 2014
    • AMENDED ON THIRD READING (T) 6623B
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO TRANSPORTATION
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A7717C
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.392
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.303

Summary

Regulates the length of car carriers and tow trucks.

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Bill Details

See Assembly Version of this Bill:
A7717C
Versions:
S6623
S6623A
S6623B
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Ren §105-a to be §105-b, §160 to be §161, add §§105-a & 160, amd §§127 & 385, V & T L

Sponsor Memo

BILL NUMBER:S6623B

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the length of car carriers and tow trucks

PURPOSE:

To allow for three feet of "overhang," which is defined to include
that portion of a transported vehicle that extends beyond the rear
bumper of a car carrier and to provide that a wheel lift shall not be
included as part of the length of a tow truck or car carrier when
engaged in the towing of another vehicle.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section, § 105-a, of the vehicle and traffic law
to define a "car carrier."

Section 2. Amends section 127 of the vehicle and traffic law to define
"overhang" to include that portion of a transported motor vehicle that
extends beyond the rear bumper of a car carrier.

Section 3. Adds a new section 160 to define a "wheel lift."

Section 4. Adds a new subdivision (g) of section 385 (3) of the
vehicle and traffic law to allow for three feet of overhang on a car
carrier and to provide that a wheel lift or other such device shall
not be included as part of the length of a tow truck or car carrier
when engaged in the towing of another vehicle.

Section 5. Provides that the act shall take effect immediately.

JUSTIFICATION:

Many car carriers are more than thirty nine feet in length unloaded.
When loaded, the rearmost vehicle usually extends beyond the rear
bumper of the car carrier by approximately three feet, which exceeds
the forty-foot "bumper to bumper" limit that is permitted under New
York law. As a result, these vehicles cannot be utilized to their
fullest capacity in New York, thereby reducing the efficiencies that
were contemplated when they were designed. This underutilization, in
turn, results in greater fuel consumption and increased traffic on our
highways. It should also be noted that hundreds of these car carriers
were brought into New York State to remove cars that were damaged
during Super Storm Sandy. Accordingly, this bill seeks to allow these
vehicles to operate legally in New York.

Also, many tow trucks and car carriers are designed to be just shy of
40 feet in length (measured with a fully retracted wheel lift) because
it is unsafe to tow a heavy load with a vehicle with a shorter wheel
base. In this regard, a tow truck is not unlike a teeter totter with
the rear wheels acting as the fulcrum. A heavy load (i.e., a tractor,
cement truck, etc.) that is positioned 10 to 15 feet behind the rear
wheels can actually lift the front wheels of a tow truck with a short
wheel base off the ground. Recently, some police agencies have
interpreted the law to require a car carrier or tow truck to remain
under the 40 foot length with a wheel lift that is extended. Such an


interpretation, which is out of sync with the rest of the country,
would render many car carriers, all heavy duty tow trucks and some
medium duty tow trucks illegal while towing another vehicle. More
importantly, it would also make it impossible to safely tow a heavy
load.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

Immediately.

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

                                 6623--B
    Cal. No. 515

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- again amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT  to amend the vehicle and traffic law, in relation to the length
  of car carriers and tow trucks

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

  Section  1. Section 105-a of the vehicle and traffic law is renumbered
section 105-b and a new section 105-a is added to read as follows:
  S 105-A. CAR CARRIER. A TRUCK THAT IS DESIGNED TO CARRY ONE  TO  THREE
MOTOR  VEHICLES ON A FLAT PLATFORM THAT SLIDES OR TILTS TO THE GROUND TO
FACILITATE LOADING AND UNLOADING OF SUCH MOTOR VEHICLES AND  TO  TOW  AN
ADDITIONAL  MOTOR  VEHICLE BEHIND IT BY THE USE OF A WHEEL LIFT. FOR THE
PURPOSES OF THIS CHAPTER, WHENEVER SUCH CAR CARRIER TOWS  OR  CARRIES  A
DISABLED, ILLEGALLY PARKED OR ABANDONED MOTOR VEHICLE OR A MOTOR VEHICLE
INVOLVED  IN  AN  ACCIDENT, SUCH CAR CARRIER SHALL BE DEEMED TO BE A TOW
TRUCK AND SHALL COMPLY WITH ALL PROVISIONS  OF  THIS  CHAPTER,  AND  ANY
OTHER  LAW,  ORDINANCE,  ORDER,  RULE  AND REGULATION, APPLICABLE TO TOW
TRUCKS.
  S 2. Section 127 of the vehicle and traffic law, as amended by chapter
26 of the laws of 2002, is amended to read as follows:
  S 127. Overhang. That portion of a transported vehicle or  boat  which
extends  beyond the front or rear bumper of an automobile transporter or
stinger-steered automobile transporter or boat transporter  or  stinger-
steered  boat transporter, OR THAT PORTION OF A TRANSPORTED VEHICLE THAT
EXTENDS BEYOND THE REAR BUMPER OF A CAR CARRIER.
  S 3. Section 160 of the vehicle and traffic law is renumbered 161  and
a new section 160 is added to read as follows:
  S  160.  WHEEL  LIFT.  ANY DEVICE THAT MAY BE EXTENDED BEYOND THE REAR
BUMPER OF A TOW TRUCK OR CAR CARRIER FOR THE PURPOSE OF  TOWING  ANOTHER
VEHICLE. SUCH DEVICE MAY ALSO BE REFERRED TO AS AN "UNDER LIFT".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14065-03-4

S. 6623--B                          2

  S  4. Paragraph (g) of subdivision 3 of section 385 of the vehicle and
traffic law is relettered paragraph (h) and a new paragraph (g) is added
to read as follows:
  (G)  THE  LENGTH  OF A TOW TRUCK OR CAR CARRIER, INCLUSIVE OF LOAD AND
BUMPERS, SHALL BE NOT MORE THAN FORTY FEET, EXCEPT THAT  A  CAR  CARRIER
MAY  HAVE  AN  OVERHANG  THAT EXTENDS BEYOND THE REAR BUMPER OF SUCH CAR
CARRIER BY NOT MORE THAN THREE FEET AND EXCEPT, FURTHER,  THAT  A  WHEEL
LIFT  THAT  IS LESS THAN FIFTEEN FEET IN LENGTH SHALL NOT BE INCLUDED AS
PART OF THE LENGTH OF A TOW TRUCK OR CAR CARRIER WHEN SUCH WHEEL LIFT IS
IN USE BY SUCH TOW TRUCK OR CAR CARRIER TO TOW ANOTHER MOTOR VEHICLE.
  S 5. This act shall take effect immediately.

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