Assembly Bill A5869

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

                                  5869

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and  traffic  law,  in  relation  to  convex
  mirrors

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

  Section 1. Section 375 of the vehicle and traffic law  is  amended  by
adding a new subdivision 10-e to read as follows:
  10-E.  EVERY TRUCK, TRACTOR, AND TRACTOR-TRAILER OR SEMITRAILER COMBI-
NATION REGISTERED IN THIS STATE HAVING A GROSS VEHICLE WEIGHT RATING  OF
TWENTY-SIX THOUSAND POUNDS OR MORE, AND A CONVENTIONAL CAB CONFIGURATION
IN  WHICH MORE THAN HALF OF THE ENGINE LENGTH IS FORWARD OF THE FOREMOST
POINT OF THE WINDSHIELD BASE AND  THE  STEERING  WHEEL  HUB  IS  IN  THE
FORWARD  QUARTER  OF THE VEHICLE LENGTH, WHENEVER OPERATED WITHIN A CITY
HAVING A POPULATION OF ONE  MILLION OR   MORE ON HIGHWAYS    OTHER  THAN
CONTROLLED-ACCESS  HIGHWAYS,  SHALL  BE EQUIPPED WITH A CONVEX MIRROR ON
THE FRONT OF SUCH VEHICLE OR COMBINATION OF VEHICLES. WHEN SUCH  VEHICLE
OR  COMBINATION  OF  VEHICLES  IS  BEING  OPERATED, SUCH MIRROR SHALL BE
ADJUSTED SO AS TO ENABLE THE OPERATOR THEREOF TO SEE ALL  POINTS  ON  AN
IMAGINARY  HORIZONTAL  LINE WHICH: (A) IS THREE FEET ABOVE THE ROAD, (B)
IS ONE FOOT DIRECTLY FORWARD FROM THE MIDPOINT  OF  THE  FRONT  OF  SUCH
MOTOR VEHICLE, AND (C) EXTENDS THE FULL WIDTH OF THE FRONT OF SUCH VEHI-
CLE  OR COMBINATION OF VEHICLES. PROVIDED, HOWEVER, THE COMMISSIONER, IN
CONSULTATION WITH THE COMMISSIONER  OF  TRANSPORTATION,  MAY  PROMULGATE
RULES  AND  REGULATIONS EXEMPTING FROM THE REQUIREMENTS OF THIS SUBDIVI-
SION ANY VEHICLE OR COMBINATION OF VEHICLES WHERE SUCH COMMISSIONER  HAS
DETERMINED  THAT  THE  USE OF SUCH CONVEX MIRRORS WOULD NOT INCREASE THE
VISIBILITY OF PERSONS OR OBJECTS LOCATED DIRECTLY IN FRONT OF SUCH VEHI-
CLE OR COMBINATION OF VEHICLES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08703-01-9

A. 5869                             2
              

  S 2. This act shall be deemed repealed if any federal  agency  or  any
court  of  competent jurisdiction finally determines that this act would
render New York state ineligible for the receipt of federal funds.
  S  3.  Severability.  If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence,  subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  to  be  made and completed on or before such effective date;
and provided that the commissioner of the department  of  transportation
shall  notify  the  legislative bill drafting commission upon the occur-
rence of the provisions of section two of this act  in  order  that  the
commission  may  maintain  an accurate data base of the official text of
the laws of the state of  New  York  in  furtherance  of  effecting  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.