Assembly Bill A2215

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

                                  2215

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  CALHOUN  --  Multi-Sponsored  by -- M. of A.
  BURLING, ERRIGO, McDONOUGH, TEDISCO -- read once and referred  to  the
  Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  the surfaces of non-commercial vehicles to be cleared  of  accumulated
  snow, sleet, or hail

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1229-e to read as follows:
  S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
ATE  A  NON-COMMERCIAL MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY WHILE
THERE IS AN ACCUMULATION OF SNOW, SLEET, OR HAIL ON THE  ROOF  OR  CARGO
BED  SURFACES  THEREOF, WHETHER OF ANY OCCUPANT COMPARTMENT, TRAILER, OR
OTHER CARGO COMPARTMENT.
  2. THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY  SUBDI-
VISION  ONE  OF THIS SECTION SHALL NOT APPLY DURING THE FALLING OF SNOW,
SLEET, OR HAIL OR WITHIN THREE HOURS AFTER THE CESSATION OF THE  FALLING
THEREOF.
  3.  THE  OPERATOR  OF  A  NON-COMMERCIAL  VEHICLE  IN VIOLATION OF THE
PROVISIONS OF THIS SECTION, EXCLUDING  A  DISABLED  OPERATOR,  SHALL  BE
SUBJECT  TO  A  FINE  OF  NOT  LESS THAN FIFTY DOLLARS NOR MORE THAN ONE
HUNDRED FIFTY DOLLARS.
  4. THE OPERATOR OF A VEHICLE  WHO  VIOLATES  THE  PROVISIONS  OF  THIS
SECTION  WHERE  SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY OF ANOTHER
PERSON, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, OR DAMAGE TO PROP-
ERTY OF ANOTHER PERSON, SHALL BE SUBJECT TO A FINE OF NOT LESS THAN  TWO
HUNDRED  FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS. ADDITIONALLY,
A LICENSE POINT VALUE OF ONE POINT SHALL BE APPLIED.
  5. THE OPERATOR OF A VEHICLE  WHO  VIOLATES  THE  PROVISIONS  OF  THIS
SECTION  WHERE  SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02385-01-9
              

A. 2215                             2

ANOTHER PERSON, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW,  SHALL  BE
SUBJECT  TO  A  FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
ONE THOUSAND DOLLARS. ADDITIONALLY, A LICENSE POINT VALUE OF TWO  POINTS
SHALL BE APPLIED.
  6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one
million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter,  and  (d)
all  terrain  vehicles as defined in article forty-eight-B of this chap-
ter. For the purposes of title four of  this  chapter,  the  term  motor
vehicle  shall  exclude  fire and police vehicles other than ambulances.
For the purposes of titles four and  five  AND  SECTION  TWELVE  HUNDRED
TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
type  tractors  and all terrain type vehicles used exclusively for agri-
cultural purposes, or for snow plowing, other than for hire, farm equip-
ment, including self-propelled machines  used  exclusively  in  growing,
harvesting  or  handling farm produce, and self-propelled caterpillar or
crawler-type equipment while being operated on the contract site.
  S 3. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
traffic  law  is  amended  by adding a new subparagraph (xvi) to read as
follows:
  (XVI) FOR A PERIOD OF THREE MONTHS WHERE THE HOLDER IS CONVICTED OF  A
SECOND   VIOLATION   OF  SUBDIVISION  FOUR  OF  SECTION  TWELVE  HUNDRED
TWENTY-NINE-E OF THIS CHAPTER WITHIN AN EIGHTEEN MONTH PERIOD.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.