Senate Bill S6648

                                BILL NUMBER:S6648

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring certain vehicles to be equipped with side
under-ride guards

PURPOSE OR GENERAL IDEA OF BILL:

Requires every truck, tractor, and tractor-trailer or semi-trailer
combination registered in New York which meets certain conditions to
be equipped with side under-ride guards while operating in New York
City on highways other than controlled-access highways.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Section 375 of the vehicle and traffic
law by adding a new subdivision 10-f. This subdivision mandates that
certain vehicles be equipped with side under-ride guards while in
operation on New York City highways, and directs the Commissioner of
the NYS Department of Motor Vehicles, in consultation with the
Commissioner of the NYS Department of Transportation, to promulgate
rules and regulations for the proper standards and specifications of
the side under-ride guards.

Section 2 of the bill states that the act will be repealed if any
federal agency or court determines that the act would render New York
              

State ineligible for the receipt of federal funds.

Section 3 of the bill is a severability clause.

Section 4 of the bill states that the bill shall take effect on the
one hundred eightieth day after it shall have become a law; provided,
however, that effective immediately, 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 occurrence 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.

JUSTIFICATION:

Accidents involving large vehicles like tractor-trailers are three
times as likely to result in the death of a pedestrian than accidents
only involving passenger vehicles. This bill would ensure that large
trucks driving on the streets of New York City are equipped with
features designed to protect the safety of pedestrians, cyclists, and
other vehicles.

This bill requires New York State-registered trucks, tractors, and
tractor-trailers weighing 26,000 pounds or more to be equipped with
side under-ride guards when operated in New York City. Such guards are
required in Japan and several European nations, and can greatly reduce


fatalities by keeping pedestrians, cyclists, and other vehicles from
sliding under the side of large trucks.

This bill is modeled after the legislation that was enacted in 2011
requiring the same classification of vehicles to have convex mirrors
installed when traversing the streets of New York City. There is a
provision stating that if this legislation jeopardizes the state's
eligibility for federal funds, it shall be repealed.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after. it
shall have become a law; provided, however, that effective
immediately, 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 occurrence 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.