S T A T E   O F   N E W   Y O R K
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                                  2198

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 and the  insurance  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,  WHENEVER OPERATED WITHIN CITIES
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: (I) IS THREE FEET ABOVE THE  ROAD,  (II)  IS  ONE
FOOT DIRECTLY FORWARD FROM THE MIDPOINT OF THE FRONT OF SUCH MOTOR VEHI-
CLE,  AND  (III)  EXTENDS THE FULL WIDTH OF THE FRONT OF SUCH VEHICLE OR
COMBINATION OF VEHICLES.  PROVIDED, HOWEVER, THAT THE COMMISSIONER:
  A. IN  CONSULTATION  WITH  THE  COMMISSIONER  OF  TRANSPORTATION,  MAY
PROMULGATE RULES AND REGULATIONS EXEMPTING FROM THE REQUIREMENTS OF THIS
SUBDIVISION ANY VEHICLE OR COMBINATION OF VEHICLES WHERE THE COMMISSION-
ER 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 COMBINATION OF VEHICLES;
  B. ACTING UPON REQUEST OF THE COMMISSIONER  OF  TRANSPORTATION  FOR  A
CITY  HAVING  A POPULATION OF ONE MILLION OR MORE, MAY EXEMPT ADDITIONAL
HIGHWAYS, STREETS, OR ROADS FROM THE REQUIREMENTS OF  THIS  SUBDIVISION,
BASED  ON  DATA  SUFFICIENT  TO DEMONSTRATE TO THE COMMISSIONER THAT THE
LIKELIHOOD OF A COLLISION WITH PEDESTRIANS IS SEVERELY LIMITED, OR  THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07787-01-9
              

S. 2198                             2

SERVICE  DELIVERIES ON THE HIGHWAY, STREET, OR ROAD ARE EXTREMELY LIMIT-
ED;
  C.  MAY  PROVIDE  THE OPPORTUNITY TO USE ALTERNATE MEANS OF COMPLIANCE
WHICH WOULD ACCOMPLISH THE GOAL AND INTENT OF THIS SECTION, THROUGH  BUT
NOT  LIMITED TO SUCH MEANS AS CAMERAS, INFRARED DEVICES, OR OTHER EQUIP-
MENT.
  S 2. Section 2336 of the insurance law is  amended  by  adding  a  new
subsection (i) to read as follows:
  (I) ANY SCHEDULE OF RATES OR RATING PLAN FOR TRUCKING LIABILITY INSUR-
ANCE  SUBMITTED  TO  THE  SUPERINTENDENT  MAY PROVIDE FOR AN ACTUARIALLY
APPROPRIATE REDUCTION  IN  PREMIUM  CHARGES  FOR  ANY  INSURED  WHO  HAS
COMPLIED  WITH  THE  REQUIREMENTS  OF SUBDIVISION TEN-E OF SECTION THREE
HUNDRED SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  S 3. This act shall be deemed repealed if any federal  agency  or  any
court  of  competent  jurisdiction determines that this act would render
New York state ineligible for the receipt of federal funds.
  S 4. 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 5. 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 and directed to be made  and  completed  on  or  before  such
effective  date; and provided that the commissioner of the department of
motor vehicles shall notify the  legislative  bill  drafting  commission
upon  the  occurrence  of the provisions of section three 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.