Senate Bill S2057

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

                                  2057

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen.  DILAN  -- 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  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  CONT-
ROLLED-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 VEHICLE OR COMBINA-
TION OF VEHICLES. PROVIDED, HOWEVER, THE COMMISSIONER,  IN  CONSULTATION
WITH  THE COMMISSIONER OF TRANSPORTATION, MAY PROMULGATE RULES AND REGU-
LATIONS EXEMPTING FROM THE REQUIREMENTS OF THIS SUBDIVISION 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 VEHICLE OR COMBINA-
TION OF VEHICLES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08899-01-9

S. 2057                             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.