Senate Bill S1301

                                BILL NUMBER:S1301

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
prohibiting commercial vehicles from stopping and standing

PURPOSE:
This bill is designed to discourage commercial vehicles in the City of
New York from illegally stopping and standing by adding points to a
commercial driver's license for each violation.

SUMMARY OF PROVISIONS:
Section One of the bill amends the administrative code of the City of
New York by prohibiting any person from stopping or standing a
commercial vehicle in the City of New York except when necessary to
avoid conflict with other traffic or in compliance with a police
officer or a traffic control signal.

"Commercial Vehicle" is defined in this section to mean a motor
vehicle designed, maintained, or used primarily for the
transportation of property, or a motor vehicle having a Seating
capacity of fifteen or more passengers in addition to the driver and
used for the transportation of persons. While stopping and standing
is Prohibited by this title and local laws, a commercial vehicle may
stop temporarily for loading and unloading merchandise or passengers.
              

It will be an affirmative defense by the person who received the
summons that he or she was actively engaged in business at the time
the summons was issued at a premises located within three city blocks
of where the summons was issued.

The Section does not apply to Vehicles owned and operated by gas or
oil heat suppliers or gas or oil heat systems maintenance companies,
or any public utilities. This section shall not apply to State or
local municipal vehicles.

A violation of this section shall be punishable in accordance with the
point system pursuant to part one hundred thirty-one of subchapter J
of chapter one of title fifteen of the NYCRR. A commercial vehicle
may also be subject to impoundment or other fees and sanctions in
addition to the points added per violation.

EXISTING LAW:
Currently, there are no points added to a commercial driver's license
for these violations.

JUSTIFICATION:
By ever increasing numbers, illegal commercial traffic in the City of
New York has clogged neighborhood streets. These vehicles double-park,
idle, and pick up and drop off passengers in spite of traffic laws
prohibiting them from doing so in residential neighborhoods. As a
result, these tour buses, trucks, jitneys, vans, black cars,
limousines, charter buses, and other commercial vehicles have turned
New York City neighborhoods into a de facto parking lot.


This problem is more than just mere inconvenience for residents. 8t.
Clare's Hospital in the Clinton/Hell's Kitchen section of Manhattan
has recently stated that such parking problems could affect the
ability of emergency vehicles to reach necessary destinations and
return to the hospital in optimal time.

This bill in no way stops commercial vehicles from going about their
legitimate business. The legislation allows for the normal unloading
and loading of property and passengers, or in the case of an
emergency. City and State municipal vehicles, as well as public
utilities, are exempt from this legislation.

Adding points to a commercial driver's license for each violation will
send a strong message to those drivers who blatantly disregard the
City of New York's stopping and standing regulations that needlessly
congest residential streets will not be tolerated.

LEGISLATIVE HISTORY:;
1999-2000: S.6152 died in Senate Cities Committee
2001-2002: S.2036 died in Senate Cities Committee
2003-2004: S.2080 died in Senate Cities Committee
2005-2006: S.1068 died in Senate Cities Committee
2007:      S.1765 (Duane), Died in Senate Cities
2008:      S.1765 (Duane), Died in Senate Cities
2009:      S.1349 (Duane), Died in Senate Cities
2010:      S.1349 (Duane), Died in Senate Cities

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Immediately.