Assembly Bill A3447

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

                                  3447

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON  --  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 vehicles to be cleared of accumulated snow or ice

  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  AND ICE. 1. NO PERSON SHALL OPERATE A
MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY WHILE THERE  IS  AN  ACCUMU-
LATION  OF SNOW OR ICE ON THE HOOD, TRUNK OR ROOF OR IN THE CARGO BED OF
SUCH VEHICLE.
  2. THE REMOVAL OF ACCUMULATED SNOW OR ICE REQUIRED BY SUBDIVISION  ONE
OF  THIS  SECTION SHALL NOT APPLY DURING THE FALLING OF SNOW OR FREEZING
RAIN OR WITHIN TWO HOURS AFTER THE CESSATION OF THE FALLING THEREOF.
  3. THE OPERATOR OF A VEHICLE IN VIOLATION OF THE  PROVISIONS  OF  THIS
SECTION,  EXCLUDING AN OPERATOR WITH A DISABILITY, 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,
THE  DEPARTMENT SHALL PROVIDE THAT A VIOLATION PURSUANT TO THIS SUBDIVI-
SION SHALL CAUSE ONE POINT TO BE APPLIED AGAINST THE OPERATOR'S LICENSE.
  5. THE OPERATOR OF A VEHICLE  WHO  VIOLATES  THE  PROVISIONS  OF  THIS
SECTION  WHERE  SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OF
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, THE DEPARTMENT SHALL PROVIDE THAT  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04659-01-9
              

A. 3447                             2

VIOLATION  PURSUANT  TO  THIS  SUBDIVISION  SHALL CAUSE TWO POINTS TO BE
APPLIED AGAINST THE OPERATOR'S LICENSE.
  6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
TRANSPORTER, MOTORCYCLE, SCHOOL BUS, 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
agricultural  purposes,  or  for snow plowing, other than for hire, farm
equipment, including self-propelled machines used exclusively  in  grow-
ing, 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 OR SUBSEQUENT VIOLATIONS OF SUBDIVISION FOUR OR FIVE  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.