Assembly Bill A10302

                                BILL NUMBER:A10302

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to restricting access of commercial vehicles

PURPOSE OR GENERAL IDEA OF BILL: To establish that no commercial vehicle
shall be restricted in the use of state highways without proper evidence
of a safety herd.

SUMMARY  OF SPECIFIC PROVISIONS: This bill amends Section 1d21(a) (9) of
the Vehicle and Traffic Law by providing  that  commercial  vehicles  be
excluded  from  highways only for public safety, requires the Department
of Transportation to issue a finding showing a  public  safety  problem,
that  the  exclusion  will adequately address the problem and that other
mitigating factors failed.

JUSTIFICATION: Proposed regulations being reviewed by the Department  of
Transportation (DOT) would restrict trucks over 45 feet in length access
to certain routes within the Finger Lakes Region. These regulations will
have  negative financial implications and unintended consequences on New
York's agricultural economy and commercial trucking industry.

The New York Farm Bureau has identified  several  specific  cases  where
farms  would  see  increased  costs under the proposed draft regulations
which range from 540,000 to almost $1 million per year. These are  costs
that  would  be  directly  absorbed by New York farmers who often cannot
              

pass increases on to consumers.

The commercial trucking industry provides a vital service to  businesses
and  communities across New York State. Trucks transport over 91 percent
of manufactured goods in New York and nearly 90 percent  of  communities
in  the  state  rely  solely  on  trucks to move their goods. Trucks pay
approximately 32 percent of all taxes and fees owed by  New  York  State
motorists but account for only 7.8 percent of vehicle miles driven.

Excluding  trucks  from  roads  drives up costs to the trucking industry
through increased fuel use, added miles and wear on  trucks,  and  addi-
tional  driver  work  hours.  Forcing trucks to drive longer routes also
increases the amount of emissions.

The trucking industry in New York continually faces increased  registra-
tion  and  toll  fees,  a ton-mile tax that is exclusive to New York and
only a few other states, and higher  than  average  diesel  fuel  costs.
Excluding trucks from routes in New York absent reasons of public safety
will further the decline of the industry in New York, increase the costs
to  deliver  goods  and  require  those additional costs be passed on to
consumers.  Because  trucks  transport  so  much  of  our  goods,  those
increased  costs  may be seen in everything from food at a local grocery
store to the construction of a new home.

This legislation will ensure that any decision to restrict truck  access
is based on demonstrated reasons of safety.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE: This act shall be deemed to have been in full force and
effect on February 11, 2010.