NY State Senate Bill 2009-S105

Senate Bill S105

2009-2010 Legislative Session

Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without proper restraints

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Feb 25, 2009	print number 105b
Feb 25, 2009	amend and recommit to transportation
Feb 04, 2009	print number 105a
Feb 04, 2009	amend and recommit to transportation
Jan 07, 2009	referred to transportation

Bill Amendments

Original

B (Active)

2009-S105 - Details

Current Committee:: Senate Transportation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1622
2013-2014: S656
2015-2016: S4045

2009-S105 - Summary

Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without the use of a proper restraint mechanism, as approved by the commissioner of motor vehicles.

2009-S105 - Sponsor Memo

                                 BILL NUMBER:  S105

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to the
transportation of loose substances in open vehicles


 PURPOSE OR GENERAL IDEA OF BILL :
To require commercial operators to use safeguards, approved by the
commissioner of transportation, that would prevent loose substances
from becoming dislodged or removed during transport in an open vehicle
and prevent substances from being thrown by the vehicle's wheels
during travel.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the vehicle and traffic law by requiring the use of a
mechanism, approved by the commissioner of transportation, by all
commercial operators transporting loose substances in an open vehicle.

The section also requires the use of tire guards that will prevent
objects from being thrown by the wheels of the vehicle during travel.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would amend the law to require the use of a tarp or like
device by all commercial operators transporting loose substances in an
open truck or trailer. The present law requires the use of a tarp only

when open trucks or trailers transports loose substances on public
highways.

The bill would also remove a loophole that prevents the enforcement of
the statute when loose substances are arranged in a manner preventing
the substances from becoming dislodged or removed from the trailer
during transport.

Furthermore, the bill would create a section that would require the
use of tire guards to prevent objects from being thrown by the
vehicle's wheels during travel.

 JUSTIFICATION :
On February 16, 2004, Credo Veira, a seventy-seven year old
grandmother living in Brooklyn, was killed when a rock crashed into
her car from a dump truck traveling on a bridge overhead.

While deaths such as Mrs. Veria's are unusual, it does demonstrate the
need for effective precautions that would prevent debris from falling
out of open vehicles.

Transporting loose substances usually results in small amounts of
debris falling to the road, but it can also involve large objects that
can cause serious physical injury or death. In addition, a driver's
negligence in securing loose cargo can also cause varying degrees of
damages to personal property and dirty public roads.

Given the potential for harm to persons and property, it is necessary
to require all commercial operators of motor vehicles that transport
loose substances in open vehicles to use reasonable methods, as
determined by the commissioner of transportation, that will prevent
loose substances from becoming dislodged or removed from the truck
during transport.

The current law must also be amended to 'prohibit the transportation
of loose substances that are arranged in a manner that the operator
believes would not allow those substances to fall from or blowout of
the open vehicle. This loophole endangers the public by allowing loose
substances to be transported in an open vehicle without the protection
of the necessary safeguards required by this bill.
 LEGISLATIVE HISTORY :
S. 2496 of 2008 01/09/08 Referred to Transportation

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect one year after it is enacted.

2009-S105 - Bill Text download pdf

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

                                   105

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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  the  trans-
  portation of loose substances in open vehicles

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

  Section 1. Section 380-a of the vehicle and traffic law, as  added  by
chapter  418 of the laws of 1975 and subdivision 1 as amended by chapter
369 of the laws of 1987, is amended to read as follows:
  S 380-a. Certain vehicles  engaged  in  the  transportation  of  loose
cargo.    1.  It shall be unlawful [to operate on any public highway any
open truck or trailer being utilized for the transportation of any loose
substances, unless said truck or trailer has a cover, tarpaulin or other
device of a type and  specification  approved  by  the  commissioner  of
transportation  which completely closes in the opening on the said truck
or trailer while said truck or trailer shall be so operated,  so  as  to
prevent  the  falling of any such substances therefrom.  However, if the
load is arranged so that no loose substance can fall from or blow out of
such truck, the covering is not necessary.] FOR A COMMERCIAL OPERATOR OF
A MOTOR VEHICLE TO TRANSPORT LOOSE SUBSTANCES IN AN OPEN VEHICLE WITHOUT
THE USE OF A MECHANISM, APPROVED BY THE COMMISSIONER OF  TRANSPORTATION,
TO PREVENT LOOSE SUBSTANCES FROM BECOMING DISLODGED OR REMOVED FROM SUCH
VEHICLE DURING TRANSPORT.
  2.  IT  SHALL BE UNLAWFUL FOR A COMMERCIAL OPERATOR OF A MOTOR VEHICLE
TO TRANSPORT LOOSE SUBSTANCES IN A  VEHICLE  WITHOUT  THE  USE  OF  TIRE
GUARDS,  APPROVED  BY  THE  COMMISSIONER  OF  TRANSPORTATION, TO PREVENT
SUBSTANCES FROM BEING THROWN BY SUCH VEHICLE DURING TRAVEL.
  [2.] 3. The commissioner  of  transportation  is  authorized  to  make
necessary  rules  and regulations to carry into effect the provisions of
this section, applying such provisions to specific conditions and  loads

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

                                                           LBD01968-01-9

S. 105                              2

and   prescribing  means,  methods  and  practices  to  effectuate  such
provisions.
  [3.]  4. The provisions of this section shall not apply to motor vehi-
cles, trailers and semitrailers conveying "farm products" as defined  in
section two of the agriculture and markets law.
  S  2. This act shall take effect one year after it shall have become a
law.

2009-S105A - Details

Current Committee:: Senate Transportation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1622
2013-2014: S656
2015-2016: S4045

2009-S105A - Summary

2009-S105A - Sponsor Memo

                                 BILL NUMBER:  S105A

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to the
transportation of loose substances in open vehicles


 PURPOSE OR GENERAL IDEA OF BILL :
To require commercial operators to use safeguards, approved by the
commissioner of transportation, that would prevent loose substances
from becoming dislodged or removed during transport in an open vehicle
and prevent substances from being thrown by the vehicle's wheels'
during travel.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the vehicle and traffic law by requiring the use of a
mechanism, approved by the commissioner of transportation, by all
commercial operators transporting loose substances in an open vehicle.

The section also requires the use of tire guards that will prevent
objects from being thrown by the wheels of the vehicle during travel.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would amend the law to require the use of a tarp or like
device by all commercial operators transporting loose substances in an
open truck or trailer. The present law requires the use of a tarp only

when open trucks or trailers transports loose substances on public
highways.

The bill would also remove a loophole that prevents the enforcement of
the statute when loose substances are arranged in a manner preventing
the substances from becoming dislodged or removed from the trailer
during transport.

Furthermore, the bill would create a section that would require the
use of tire guards to prevent objects from being thrown by the
vehicle's wheels during travel.

 JUSTIFICATION :
On February 16, 2004, Credo Veira, a seventy-seven year old
grandmother living in Brooklyn, was killed when a rock crashed into
her car from a dump truck traveling on a bridge overhead.

While deaths such as Mrs. Veria's are unusual, it does demonstrate the
need for effective precautions that would prevent debt;s from falling
out of open vehicles.

Transporting loose substances usually results in small amounts of
debris falling to the road, but it can also involve large objects that
can cause serious physical injury or death. In addition, a driver's
negligence in securing loose cargo can also cause varying degrees of
damages to personal property and dirty public roads.

Given the potential for harm to persons and property, it is necessary
to require all commercial operators of motor vehicles that transport
loose substances in open vehicles to use reasonable methods, as
determined by the commissioner of transportation, that will prevent
loose substances from becoming dislodged or removed from the truck
during transport.

The current law must also be amended to prohibit the transportation of
loose substances that are arranged in a manner that the operator
believes would not allow those substances to fall from or blowout of
the open vehicle. This loophole endangers the public by allowing loose
substances to be transported in an open vehicle without the protection
of the necessary safeguards required by this bill.
 LEGISLATIVE HISTORY :
S.2496 of 2008
01/09/08 Referred to Transportation

 FISCAL IMPLICATIONS FOR ST ATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect one year after it is enacted.

2009-S105A - Bill Text download pdf

2009-S105B (ACTIVE) - Details

Current Committee:: Senate Transportation
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1622
2013-2014: S656
2015-2016: S4045

2009-S105B (ACTIVE) - Summary

2009-S105B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S105B

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to the
transportation of loose substances in open vehicles


 PURPOSE OR GENERAL IDEA OF BILL :
To require commercial operators to use safeguards, approved by the
commissioner of transportation, that would prevent loose substances
from becoming dislodged or removed during transport in an open vehicle
and prevent substances from being thrown by the vehicle's wheels
during travel.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the vehicle and traffic law by requiring the use of a
mechanism, approved by the commissioner of transportation, by all
commercial operators transporting loose substances in an open vehicle.

The section also requires the use of tire guards that will prevent
objects from being thrown by the wheels of the vehicle during travel.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would amend the law to require the use of a tarp or like
device by all commercial operators transporting loose substances in an
open truck or trailer. The present law requires the use of a tarp only

when open trucks or trailers transports loose substances on public
highways.

The bill would also remove a loophole that prevents the enforcement of
the statute when loose substances are arranged in a manner preventing
the substances from becoming dislodged or removed from the trailer
during transport.

Furthermore, the bill would create a section that would require the
use of tire guards to prevent objects from being thrown by the
vehicle's wheels during travel.

 JUSTIFICATION :
On February 16, 2004, Credo Veira, a seventy-seven year old
grandmother living in Brooklyn, was killed when a rock crashed into
her car from a dump truck traveling on a bridge overhead.

While deaths such as Mrs. Veria's are unusual, it does demonstrate the
need for effective precautions that would prevent debris from falling
out of open vehicles.

Transporting loose substances usually results in small amounts of
debris falling to the road, but it can also involve large objects that
can cause serious physical injury or death. In addition, a driver's
negligence in securing loose cargo can also cause varying degrees of
damages to personal property and dirty public roads.

Given the potential for harm to persons and property, it is necessary
to require all commercial operators of motor vehicles that transport
loose substances in open vehicles to use reasonable methods, as
determined by the commissioner of transportation, that will prevent
loose substances from becoming dislodged or removed from the truck
during transport.

The current law must also be amended to prohibit the transportation of
loose substances that are arranged in a manner that the operator
believes would not allow those substances to fall from or blowout of
the open vehicle. This loophole endangers the public by allowing loose
substances to be transported in an open vehicle without the protection
of the necessary safeguards required by this bill.
 LEGISLATIVE HISTORY :
S.2496 of 2008 01/09/08 Referred to Transportation

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect one year after it is enacted.

2009-S105B (ACTIVE) - Bill Text download pdf

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

                                 105--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the vehicle and traffic law, in relation to the trans-
  portation of loose substances in open vehicles

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

  Section  1.  Section 380-a of the vehicle and traffic law, as added by
chapter 418 of the laws of 1975 and subdivision 1 as amended by  chapter
369 of the laws of 1987, is amended to read as follows:
  S  380-a.  Certain  vehicles  engaged  in  the transportation of loose
cargo.  1. It shall be unlawful [to operate on any  public  highway  any
open truck or trailer being utilized for the transportation of any loose
substances, unless said truck or trailer has a cover, tarpaulin or other
device  of  a  type  and  specification  approved by the commissioner of
transportation which completely closes in the opening on the said  truck
or  trailer  while  said truck or trailer shall be so operated, so as to
prevent the falling of any such substances therefrom.   However, if  the
load is arranged so that no loose substance can fall from or blow out of
such truck, the covering is not necessary.] FOR A COMMERCIAL OPERATOR OF
A MOTOR VEHICLE TO TRANSPORT LOOSE SUBSTANCES IN AN OPEN VEHICLE WITHOUT
THE  USE OF A MECHANISM, APPROVED BY THE COMMISSIONER OF TRANSPORTATION,
TO PREVENT LOOSE SUBSTANCES FROM BECOMING DISLODGED OR REMOVED FROM SUCH
VEHICLE DURING TRANSPORT.
  2. IT SHALL BE UNLAWFUL FOR A COMMERCIAL OPERATOR OF A  MOTOR  VEHICLE
TO  TRANSPORT  LOOSE  SUBSTANCES  IN A VEHICLE WITHOUT THE USE OF SPLASH
GUARDS, APPROVED BY THE  COMMISSIONER  OF  MOTOR  VEHICLES,  TO  PREVENT
SUBSTANCES FROM BEING THROWN BY SUCH VEHICLE DURING TRAVEL.

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

                                                           LBD01968-03-9

S. 105--B                           2

  [2.]  3.  The  commissioner  of  transportation  is authorized to make
necessary rules and regulations to carry into effect the  provisions  of
this  section, applying such provisions to specific conditions and loads
and  prescribing  means,  methods  and  practices  to  effectuate   such
provisions.
  [3.]  4. The provisions of this section shall not apply to motor vehi-
cles, trailers and semitrailers conveying "farm products" as defined  in
section two of the agriculture and markets law.
  S  2. This act shall take effect one year after it shall have become a
law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.