senate Bill S395A

2013-2014 Legislative Session

Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2014 print number 395a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S395 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1229-e, amd §§125 & 200, V & T L; add §74-a, St Fin L; add §389, Pub Auth L; add §23, Transp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1321B
2009-2010: S5226A

S395 - Bill Texts

view summary

Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof; establishes fines for violation of these provisions; establishes a fund for the state's portion of such fines, the "snow and ice removal fund" with 10% of the funds going to an annual DMV report on the fund, 25% going to each the DOT and the Thruway authority for establishing snow and ice removal sites on their roads, 30% for a DOT grant program and 10% for a public awareness campaign.

view sponsor memo
BILL NUMBER:S395

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to requiring
surfaces of certain motor vehicles to be cleared
of accumulated snow, sleet, or hail; to amend the state finance law,
the public authorities law and the transportation law, in relation
to the snow and ice removal fund; and providing for the repeal of
certain provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
To help prevent dangerous distractions or accidents from blinding snow
or ice blowing off of vehicles traveling on roads and highways" When
vehicles travel with accumulated amounts of snow or ice on top of
their roof, it is very likely to be blinding to other vehicles
traveling behind them and cause accidents. This legislation will help
to prevent those types of accidents.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the vehicle and traffic law is amended by adding a new
section 1229-e.

Section 3 of the bill requires that the commissioner of DMV produce a
report to the Governor which includes information on: (a) the amount
of funds made available to DOT and the Thruway pursuant to this bill
(b) the number of summonses issued (c) the operation the grant
program established in this bill (d) the public awareness program
established in this bill (e) the severity and frequency of traffic
accidents involving snow and ice not properly removed from vehicles
before and after the bill would go into effect (f) the operation of
the snow removal sites established in this bill.

Section 4 of the bill establishes a snow and ice removal fund to be
jointly administered by the comptroller and Commissioner of Taxation
and Finance and provides for their allocation in the following manner:

- 10% to be transferred to DMV for the collection and reporting of
data required in the bill" - 25% to NYSDOT for the creation of snow
and ice removal sites at DOT rest areas or service areas for use by
'common carriers' as the commissioner deems appropriate.
- 25% to NYS Thruway Authority for the creation of snow and ice
removal sites along Thruway rest areas or service areas for use by
'common carriers' as the Authority deems appropriate, - 30% to NYSDOT
for the establishment of a grant program meant to provide matching
funds to 'common carriers' for' the installation of their own snow
and ice removal equipment and also for the improvement of public
awareness about the hazards of driving with accumulations of snow and
ice on vehicle surfaces and the prohibition thereof.

Section 5 amends the Public Authorities law to provide for the installa-
tion of snow and ice removal sites at Thruway locations.

Section 6 amends the Transportation law to provide for the
installation of snow and ice removal sites on DOT locations as well
as the implementation of the grant program,


Section 7 effective date of the first November next Succeeding the
date it shall have become law; provided however that the amendments
to section 200 of the vehicle and traffic law made by section 3 of
this act shall expire and be deemed repealed September 1, 2023.

JUSTIFICATION:
Snow and ice accumulates on top of cars and trucks during winter
months and become a road hazard for motorists; especially those
driving at high speeds on highways, The blinding snow blowing from
the top of other cars or trucks can cause damage or accidents to
other vehicles. This legislation would create the responsibility of
making sure every vehicle is safe for traveling on the road.

The bill also addresses some concerns of the trucking industry by
providing a funding mechanism and matching grant program for the
installation of snow and ice removal sites along DOT and Thruway roads

PRIOR LEGISLATIVE HISTORY:
2011-12: S.1321B
2009-10: S 5226A/A.4209A - Advanced to 3rd Reading Calendar

FISCAL IMPLICATIONS:;
None.

EFFECTIVE DATE:
First of November next succeeding the date on which it shall have
become a law; provided, however, that the amendments to section 200
of the vehicle and traffic law made by section three of this act
shall expire and be deemed repealed September 1, 2023.

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

                                   395

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  requiring
  surfaces  of certain motor vehicles to be cleared of accumulated snow,
  sleet, or hail; to amend the state finance law, the public authorities
  law and the transportation law,  in  relation  to  the  snow  and  ice
  removal  fund; and providing for the repeal of certain provisions upon
  expiration thereof

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

  Section  1.    The  vehicle and traffic law is amended by adding a new
section 1229-e to read as follows:
  S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
ATE A MOTOR VEHICLE ON A PUBLIC STREET OR  HIGHWAY  WHILE  THERE  IS  AN
ACCUMULATION  OF  SNOW, SLEET, OR HAIL ON THE ROOF OR CARGO BED SURFACES
THEREOF, WHETHER OF ANY OCCUPANT COMPARTMENT, TRAILER,  OR  OTHER  CARGO
COMPARTMENT IN EXCESS OF THREE INCHES.
  2.  THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY SUBDI-
VISION ONE OF THIS SECTION SHALL NOT APPLY DURING THE FALLING  OF  SNOW,
SLEET,  OR HAIL OR WITHIN THREE HOURS AFTER THE CESSATION OF THE FALLING
THEREOF.
  3. (A) THE OPERATOR OF A NON-COMMERCIAL VEHICLE IN  VIOLATION  OF  THE
PROVISIONS  OF  THIS  SECTION,  EXCLUDING  A DISABLED OPERATOR, SHALL BE
SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED FIFTY  DOLLARS  NOR  MORE
THAN EIGHT HUNDRED FIFTY DOLLARS.
  (B) THE OPERATOR, OWNER, LESSEE, BAILEE OR ANY ONE OF THE AFORESAID IF
A  COMMERCIAL  MOTOR VEHICLE SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FOUR HUNDRED FIFTY DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00411-01-3

S. 395                              2

  (C) ALL FINES CREDITED TO THE STATE PURSUANT TO THIS SECTION SHALL  BE
DEPOSITED  TO  THE  SNOW  AND  ICE  REMOVAL FUND ESTABLISHED PURSUANT TO
SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one
million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter,  and  (d)
all  terrain  vehicles as defined in article forty-eight-B of this chap-
ter. For the purposes of title four of  this  chapter,  the  term  motor
vehicle  shall  exclude  fire and police vehicles other than ambulances.
For the purposes of titles four and five,  AND  SECTION  TWELVE  HUNDRED
TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
type  tractors  and all terrain type vehicles used exclusively for agri-
cultural purposes, or for snow plowing, other than for hire, farm equip-
ment, including self-propelled machines  used  exclusively  in  growing,
harvesting  or  handling farm produce, and self-propelled caterpillar or
crawler-type equipment while being operated on the contract site.
  S 3. Section 200 of the vehicle and traffic law is amended by adding a
new subdivision 3 to read as follows:
  3. THE COMMISSIONER SHALL SUBMIT A REPORT TO THE  GOVERNOR,  TEMPORARY
PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY ON AN ANNUAL
BASIS FOR THE TEN YEARS COMMENCING ON AUGUST THIRTY-FIRST, TWO  THOUSAND
FOURTEEN  CONCERNING  THE IMPLEMENTATION OF SECTION TWELVE HUNDRED TWEN-
TY-NINE-E OF THIS  CHAPTER  AND  SECTION  SEVENTY-FOUR-A  OF  THE  STATE
FINANCE LAW. SUCH REPORT SHALL INCLUDE INFORMATION ON:
  (A) THE AMOUNT OF FUNDS MADE AVAILABLE TO THE COMMISSIONER AND THE NEW
YORK STATE THRUWAY AUTHORITY AND THE USE OF SUCH FUNDS;
  (B)  HOW MANY SUMMONSES WERE ISSUED PURSUANT TO SECTION TWELVE HUNDRED
TWENTY-NINE-E OF THIS CHAPTER;
  (C) THE OPERATION OF THE GRANT PROGRAM ESTABLISHED PURSUANT  TO  PARA-
GRAPH  (B) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTA-
TION LAW;
  (D) THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO  PARAGRAPH  (C)
OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW;
  (E)  THE SEVERITY AND FREQUENCY OF TRAFFIC INCIDENTS INVOLVING SNOW OR
ICE NOT PROPERLY REMOVED FROM VEHICLES BEFORE AND AFTER THE  IMPLEMENTA-
TION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF THIS CHAPTER; AND
  (F)  THE  OPERATION  OF SUCH SNOW AND ICE REMOVAL SITES ESTABLISHED BY
THE NEW YORK STATE DEPARTMENT  OF  TRANSPORTATION  PURSUANT  TO  SECTION
THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW AND THE NEW YORK
STATE  THRUWAY AUTHORITY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
  S 4. The state finance law is amended by adding a new section 74-a  to
read as follows:
  S  74-A.  SNOW AND ICE REMOVAL FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SNOW AND ICE REMOVAL
FUND".

S. 395                              3

  2. THE SNOW AND ICE REMOVAL FUND SHALL CONSIST OF ALL  FINES  CREDITED
TO  THE STATE FOR A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF
THE VEHICLE AND TRAFFIC LAW, AND ALL OTHER  MONEYS  CREDITED  OR  TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  MONEYS  IN  THE  SNOW  AND ICE REMOVAL FUND MAY BE INVESTED BY THE
COMPTROLLER PURSUANT TO THE PROVISIONS OF SECTION NINETY-EIGHT-A OF THIS
ARTICLE AND ANY INCOME RECEIVED BY THE COMPTROLLER FROM SUCH INVESTMENTS
SHALL BE ADDED TO AND BECOME PART OF, AND SHALL BE USED FOR THE PURPOSES
OF SUCH FUND. ALL DEPOSITS OF SUCH MONEY SHALL, IF REQUIRED BY THE COMP-
TROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE  STATE
OF  MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL
BANKS AND TRUST COMPANIES ARE AUTHORIZED TO  GIVE  SUCH  SECURITIES  FOR
SUCH DEPOSITS.
  4.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE ALLOCATED UPON A CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE
DIRECTOR OF THE BUDGET  SOLELY  FOR  THE  PURPOSES  SET  FORTH  IN  THIS
SECTION.
  5. MONEYS IN THE FUND SHALL BE ALLOCATED IN THE FOLLOWING MANNER:
  (A)  TEN  PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPARTMENT
OF MOTOR VEHICLES FOR THE COLLECTION AND REPORTING OF DATA ON THE IMPLE-
MENTATION OF SECTION TWELVE HUNDRED TWENTY-NINE-E  OF  THE  VEHICLE  AND
TRAFFIC LAW.
  (B)  TWENTY-FIVE  PERCENT  OF  THE  MONEYS SHALL BE TRANSFERRED TO THE
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF PARAGRAPH (A) OF SUBDI-
VISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
  (C) TWENTY-FIVE PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE  NEW
YORK  STATE  THRUWAY  AUTHORITY  FOR  PURPOSES  OF SECTION THREE HUNDRED
EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW.
  (D) THIRTY PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO  THE  DEPART-
MENT  OF  TRANSPORTATION  FOR  THE GRANT PROGRAM ESTABLISHED PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF  THE  TRANS-
PORTATION LAW.
  (E)  TEN  PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPARTMENT
OF TRANSPORTATION FOR THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF  THE  TRANS-
PORTATION LAW.
  S 5. The public authorities law is amended by adding a new section 389
to read as follows:
  S  389.  SNOW  AND  ICE  REMOVAL  SITES.  1.  FOR THE PURPOSES OF THIS
SECTION, THE TERM "COMMON CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS
PASSENGERS BY MOTOR VEHICLE FOR COMPENSATION BY  PROVIDING  SERVICE  FOR
THE GENERAL PUBLIC ON AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR
ROUTES  OR  ANY  PERSON  THAT  TRANSPORTS  PROPERTY BY MOTOR VEHICLE FOR
COMPENSATION FOR THE GENERAL PUBLIC. IT SHALL INCLUDE A BUS  LINE  WHICH
IS  A MOTOR VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF VEHICLES
HAVING A SEATING CAPACITY OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE
PICKUP AND DISCHARGE POINTS ALONG DESIGNATED ROUTES; AND  BY  NO  PREAR-
RANGEMENTS OR RESERVATIONS BY PASSENGERS.
  2.  USING  THE  MONEYS  ALLOCATED  FROM  THE SNOW AND ICE REMOVAL FUND
ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
THE AUTHORITY SHALL ESTABLISH SNOW AND  ICE  REMOVAL  SITES  FOR  COMMON
CARRIERS  ON  THE  THRUWAY. THE AUTHORITY SHALL USE THE MONEYS ALLOCATED
FROM PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF  THE
STATE  FINANCE  LAW FOR THE PURCHASE, INSTALLATION AND OPERATION OF SNOW
AND ICE REMOVAL EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS
JURISDICTION AS THE AUTHORITY  DEEMS APPROPRIATE.

S. 395                              4

  S 6. The transportation law is amended by adding a new section  23  to
read as follows:
  S  23. SNOW AND ICE REMOVAL.  1. FOR THE PURPOSES OF THIS SECTION, THE
TERM "COMMON CARRIER" SHALL MEAN ANY PERSON THAT  TRANSPORTS  PASSENGERS
BY  MOTOR  VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR THE GENERAL
PUBLIC ON AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR  ROUTES  OR
ANY  PERSON  THAT  TRANSPORTS PROPERTY BY MOTOR VEHICLE FOR COMPENSATION
FOR THE GENERAL PUBLIC. IT SHALL INCLUDE A BUS LINE  WHICH  IS  A  MOTOR
VEHICLE  THAT  IS  USUALLY CHARACTERIZED BY THE USE OF VEHICLES HAVING A
SEATING CAPACITY OF GREATER THAN TWENTY PASSENGERS; BY  MULTIPLE  PICKUP
AND  DISCHARGE POINTS ALONG DESIGNATED ROUTES; AND BY NO PREARRANGEMENTS
OR RESERVATIONS BY PASSENGERS.
  2. USING THE MONEYS ALLOCATED FROM  THE  SNOW  AND  ICE  REMOVAL  FUND
ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
THE DEPARTMENT SHALL:
  (A)  ESTABLISH  SNOW AND ICE REMOVAL SITES FOR COMMON CARRIERS ON SUCH
INTERSTATE AND STATE HIGHWAYS THAT ARE UNDER  THE  JURISDICTION  OF  THE
DEPARTMENT. THE DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH
(B)  OF  SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE STATE FINANCE
LAW FOR THE PURCHASE, INSTALLATION AND OPERATION OF SNOW AND ICE REMOVAL
EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS JURISDICTION AS
THE COMMISSIONER DEEMS APPROPRIATE.
  (B) ESTABLISH AND ADMINISTER A SNOW AND ICE REMOVAL GRANT PROGRAM. THE
DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (B) OF SUBDIVI-
SION FIVE OF SECTION SEVENTY-FOUR-A OF THE STATE  FINANCE  LAW  FOR  THE
PURPOSE  OF  PROVIDING  COMMON  CARRIERS WITH MATCHING FUNDS TO PURCHASE
SNOW AND ICE REMOVAL EQUIPMENT; PROVIDED, HOWEVER, THAT
  (I) NO GRANT TO ANY COMMON CARRIER SHALL EXCEED  TEN  PERCENT  OF  THE
TOTAL ALLOCATIONS FOR SUCH GRANT PROGRAM;
  (II)  EACH  APPLICANT SHALL BE ELIGIBLE TO RECEIVE ONLY ONE SUCH GRANT
IN ANY TWENTY-FOUR MONTH PERIOD;
  (III) NO PART OF ANY SUCH GRANT SHALL BE  USED  FOR  SALARIES  OR  ANY
OTHER  SERVICES OTHER THAN FOR THE PURCHASE AND INSTALLATION OF SNOW AND
ICE REMOVAL EQUIPMENT; AND
  (IV) THE COMMON CARRIER HAS COMMITTED SUFFICIENT FUNDS TO FULFILL  THE
MATCH REQUIREMENTS OF THIS GRANT.
  (C)  IMPROVE  PUBLIC  AWARENESS OF THE HAZARDS OF DRIVING WITH ACCUMU-
LATIONS OF SNOW AND ICE ON THE ROOF OR CARGO BED SURFACES OF MOTOR VEHI-
CLES AND THE PROHIBITION THEREOF. THE DEPARTMENT SHALL  USE  THE  MONEYS
ALLOCATED   FROM   PARAGRAPH   (E)   OF   SUBDIVISION  FIVE  OF  SECTION
SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE PURPOSE OF  SUCH  PUBLIC
AWARENESS  CAMPAIGN  THROUGH  EDUCATIONAL AND INFORMATIONAL MATERIALS IN
PRINT, AUDIO, VISUAL, ELECTRONIC  OR  OTHER  MEDIA  INCLUDING,  BUT  NOT
LIMITED TO PUBLIC SERVICE ANNOUNCEMENTS AND ADVERTISEMENTS.
  S 7. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the amendments to section 200 of the vehicle and traffic  law  made
by section three of this act shall expire and be deemed repealed Septem-
ber 1, 2023.

Co-Sponsors

S395A (ACTIVE) - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1229-e, amd §§125 & 200, V & T L; add §74-a, St Fin L; add §389, Pub Auth L; add §23, Transp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1321B
2009-2010: S5226A

S395A (ACTIVE) - Bill Texts

view summary

Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof; establishes fines for violation of these provisions; establishes a fund for the state's portion of such fines, the "snow and ice removal fund" with 10% of the funds going to an annual DMV report on the fund, 25% going to each the DOT and the Thruway authority for establishing snow and ice removal sites on their roads, 30% for a DOT grant program and 10% for a public awareness campaign.

view sponsor memo
BILL NUMBER:S395A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to requiring surfaces of certain motor vehicles to be cleared
of accumulated snow, sleet, or hail; to amend the state finance law,
the public authorities law and the transportation law, in relation to
the snow and ice removal fund; and providing for the repeal of certain
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: To help prevent dangerous
distractions or accidents from blinding snow or ice blowing off of
vehicles traveling on roads and highways. When vehicles travel with
accumulated amounts of snow or ice on top of their roof, it is very
likely to be blinding to other vehicles traveling behind them and
cause accidents. This legislation will help to prevent those types of
accidents.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the vehicle and traffic law is amended by adding a new
section 1229-e.

Section 3 of the bill requires that the commissioner of DMV produce a
report to the Governor which includes information on: (a) the amount
of funds made available to DOT and the Thruway pursuant to this bill
(b) the number of summonses issued (c) the operation the grant program
established in this bill (d) the public awareness program established
in this bill (e) the severity and frequency of traffic accidents
involving snow and ice not properly removed from vehicles before and
after the bill would go into effect (f) the operation of the snow
removal sites established in this bill.

Section 4 of the bill establishes a snow and ice removal fund to be
jointly administered by the comptroller and Commissioner of Taxation
and Finance and provides for their allocation in the following manner:

- 10% to be transferred to DMV for the collection and reporting of
data required in the bill. - 25% to NYSDOT for the creation of snow
and ice removal sites at DOT rest areas or service areas for use by
'common carriers' as the commissioner deems appropriate. - 25% to NYS
Thruway Authority for the creation of snow and ice removal sites along
Thruway rest areas or service areas for use by 'common carriers' as
the Authority deems appropriate. - 30% to NYSDOT for the establishment
of a grant program meant to provide matching funds to 'common
carriers' for the installation of their own snow and ice removal
equipment and also for the improvement of public awareness about the
hazards of driving with accumulations of snow and ice on vehicle
surfaces and the prohibition thereof.

Section 5 amends the Public Authorities law to provide for the
installation of snow and ice removal sites at Thruway locations.

Section 6 amends the Transportation law to provide for the
installation of snow and ice removal sites on DOT locations as well as
the implementation of the grant program.


Section 7 effective date of the first November next succeeding the
date it shall have become law; provided however that the amendments to
section 200 of the vehicle and traffic law made by section 3 of this
act shall expire and be deemed repealed September 1, 2024.

JUSTIFICATION: Snow and ice accumulates on top of cars and trucks
during winter months and become a road hazard for motorists;
especially those driving at high speeds on highways. The blinding snow
blowing from the top of other cars or trucks can cause damage or
accidents to other vehicles. This legislation would create the
responsibility of making sure every vehicle is safe for traveling on
the road.

The bill also addresses some concerns of the trucking industry by
providing a funding mechanism and matching grant program for the
installation of snow and ice removal sites along DOT and Thruway
roads.

PRIOR LEGISLATIVE HISTORY: 2011-12: Referred to transportation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First of November next succeeding the date on which
it shall have become a law; provided, however, that the amendments to
section 200 of the vehicle and traffic law made by section three of
this act shall expire and be deemed repealed September 1, 2024.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 395--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  DILAN,  ADDABBO, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  surfaces of certain motor vehicles to be cleared of accumulated  snow,
  sleet, or hail; to amend the state finance law, the public authorities
  law  and  the  transportation  law,  in  relation  to the snow and ice
  removal fund; and providing for the repeal of certain provisions  upon
  expiration thereof

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

  Section 1.  The vehicle and traffic law is amended  by  adding  a  new
section 1229-e to read as follows:
  S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
ATE  A  MOTOR  VEHICLE  ON  A PUBLIC STREET OR HIGHWAY WHILE THERE IS AN
ACCUMULATION OF SNOW, SLEET, OR HAIL ON THE ROOF OR CARGO  BED  SURFACES
THEREOF,  WHETHER  OF  ANY OCCUPANT COMPARTMENT, TRAILER, OR OTHER CARGO
COMPARTMENT IN EXCESS OF THREE INCHES.
  2. THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY  SUBDI-
VISION  ONE  OF THIS SECTION SHALL NOT APPLY DURING THE FALLING OF SNOW,
SLEET, OR HAIL OR WITHIN THREE HOURS AFTER THE CESSATION OF THE  FALLING
THEREOF.
  3.  (A)  THE  OPERATOR OF A NON-COMMERCIAL VEHICLE IN VIOLATION OF THE
PROVISIONS OF THIS SECTION, EXCLUDING  A  DISABLED  OPERATOR,  SHALL  BE
SUBJECT  TO  A  FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE
THAN EIGHT HUNDRED FIFTY DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00411-02-4

S. 395--A                           2

  (B) THE OPERATOR, OWNER, LESSEE, BAILEE OR ANY ONE OF THE AFORESAID IF
A COMMERCIAL MOTOR VEHICLE SHALL BE SUBJECT TO A FINE OF NOT  LESS  THAN
FOUR HUNDRED FIFTY DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS.
  (C)  ALL FINES CREDITED TO THE STATE PURSUANT TO THIS SECTION SHALL BE
DEPOSITED TO THE SNOW AND  ICE  REMOVAL  FUND  ESTABLISHED  PURSUANT  TO
SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW.
  4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one
million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter,  and  (d)
all  terrain  vehicles as defined in article forty-eight-B of this chap-
ter. For the purposes of title four of  this  chapter,  the  term  motor
vehicle  shall  exclude  fire and police vehicles other than ambulances.
For the purposes of titles four and five,  AND  SECTION  TWELVE  HUNDRED
TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
type  tractors  and all terrain type vehicles used exclusively for agri-
cultural purposes, or for snow plowing, other than for hire, farm equip-
ment, including self-propelled machines  used  exclusively  in  growing,
harvesting  or  handling farm produce, and self-propelled caterpillar or
crawler-type equipment while being operated on the contract site.
  S 3. Section 200 of the vehicle and traffic law is amended by adding a
new subdivision 3 to read as follows:
  3. THE COMMISSIONER SHALL SUBMIT A REPORT TO THE  GOVERNOR,  TEMPORARY
PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY ON AN ANNUAL
BASIS FOR THE TEN YEARS COMMENCING ON AUGUST THIRTY-FIRST, TWO  THOUSAND
FIFTEEN  CONCERNING THE IMPLEMENTATION OF SECTION TWELVE HUNDRED TWENTY-
NINE-E OF THIS CHAPTER AND SECTION SEVENTY-FOUR-A OF THE  STATE  FINANCE
LAW. SUCH REPORT SHALL INCLUDE INFORMATION ON:
  (A) THE AMOUNT OF FUNDS MADE AVAILABLE TO THE COMMISSIONER AND THE NEW
YORK STATE THRUWAY AUTHORITY AND THE USE OF SUCH FUNDS;
  (B)  HOW MANY SUMMONSES WERE ISSUED PURSUANT TO SECTION TWELVE HUNDRED
TWENTY-NINE-E OF THIS CHAPTER;
  (C) THE OPERATION OF THE GRANT PROGRAM ESTABLISHED PURSUANT  TO  PARA-
GRAPH  (B) OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTA-
TION LAW;
  (D) THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO  PARAGRAPH  (C)
OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW;
  (E)  THE SEVERITY AND FREQUENCY OF TRAFFIC INCIDENTS INVOLVING SNOW OR
ICE NOT PROPERLY REMOVED FROM VEHICLES BEFORE AND AFTER THE  IMPLEMENTA-
TION OF SECTION TWELVE HUNDRED TWENTY-NINE-E OF THIS CHAPTER; AND
  (F)  THE  OPERATION  OF SUCH SNOW AND ICE REMOVAL SITES ESTABLISHED BY
THE NEW YORK STATE DEPARTMENT  OF  TRANSPORTATION  PURSUANT  TO  SECTION
THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW AND THE NEW YORK
STATE  THRUWAY AUTHORITY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
  S 4. The state finance law is amended by adding a new section 74-a  to
read as follows:
  S  74-A.  SNOW AND ICE REMOVAL FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-

S. 395--A                           3

TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SNOW AND ICE REMOVAL
FUND".
  2.  THE  SNOW AND ICE REMOVAL FUND SHALL CONSIST OF ALL FINES CREDITED
TO THE STATE FOR A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-NINE-E  OF
THE  VEHICLE  AND  TRAFFIC  LAW, AND ALL OTHER MONEYS CREDITED OR TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS IN THE SNOW AND ICE REMOVAL FUND  MAY  BE  INVESTED  BY  THE
COMPTROLLER PURSUANT TO THE PROVISIONS OF SECTION NINETY-EIGHT-A OF THIS
ARTICLE AND ANY INCOME RECEIVED BY THE COMPTROLLER FROM SUCH INVESTMENTS
SHALL BE ADDED TO AND BECOME PART OF, AND SHALL BE USED FOR THE PURPOSES
OF SUCH FUND. ALL DEPOSITS OF SUCH MONEY SHALL, IF REQUIRED BY THE COMP-
TROLLER,  BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE
OF MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND  ALL
BANKS  AND  TRUST  COMPANIES  ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR
SUCH DEPOSITS.
  4. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL BE ALLOCATED UPON A CERTIFICATE OF APPROVAL OF AVAILABILITY BY THE
DIRECTOR  OF  THE  BUDGET  SOLELY  FOR  THE  PURPOSES  SET FORTH IN THIS
SECTION.
  5. MONEYS IN THE FUND SHALL BE ALLOCATED IN THE FOLLOWING MANNER:
  (A) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO  THE  DEPARTMENT
OF MOTOR VEHICLES FOR THE COLLECTION AND REPORTING OF DATA ON THE IMPLE-
MENTATION  OF  SECTION  TWELVE  HUNDRED TWENTY-NINE-E OF THE VEHICLE AND
TRAFFIC LAW.
  (B) TWENTY-FIVE PERCENT OF THE MONEYS  SHALL  BE  TRANSFERRED  TO  THE
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF PARAGRAPH (A) OF SUBDI-
VISION TWO OF SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
  (C)  TWENTY-FIVE PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE NEW
YORK STATE THRUWAY AUTHORITY  FOR  PURPOSES  OF  SECTION  THREE  HUNDRED
EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW.
  (D)  THIRTY  PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO THE DEPART-
MENT OF TRANSPORTATION FOR THE GRANT  PROGRAM  ESTABLISHED  PURSUANT  TO
PARAGRAPH  (B)  OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS-
PORTATION LAW.
  (E) TEN PERCENT OF THE MONEYS SHALL BE TRANSFERRED TO  THE  DEPARTMENT
OF TRANSPORTATION FOR THE PUBLIC AWARENESS PROGRAM CONDUCTED PURSUANT TO
PARAGRAPH  (C)  OF SUBDIVISION TWO OF SECTION TWENTY-THREE OF THE TRANS-
PORTATION LAW.
  S 5. The public authorities law is amended by adding a new section 389
to read as follows:
  S 389. SNOW AND ICE  REMOVAL  SITES.  1.  FOR  THE  PURPOSES  OF  THIS
SECTION, THE TERM "COMMON CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS
PASSENGERS  BY  MOTOR  VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR
THE GENERAL PUBLIC ON AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR
ROUTES OR ANY PERSON THAT  TRANSPORTS  PROPERTY  BY  MOTOR  VEHICLE  FOR
COMPENSATION  FOR  THE GENERAL PUBLIC. IT SHALL INCLUDE A BUS LINE WHICH
IS A MOTOR VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF  VEHICLES
HAVING A SEATING CAPACITY OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE
PICKUP  AND  DISCHARGE  POINTS ALONG DESIGNATED ROUTES; AND BY NO PREAR-
RANGEMENTS OR RESERVATIONS BY PASSENGERS.
  2. USING THE MONEYS ALLOCATED FROM  THE  SNOW  AND  ICE  REMOVAL  FUND
ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
THE  AUTHORITY  SHALL  ESTABLISH  SNOW  AND ICE REMOVAL SITES FOR COMMON
CARRIERS ON THE THRUWAY. THE AUTHORITY SHALL USE  THE  MONEYS  ALLOCATED
FROM  PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE
STATE FINANCE LAW FOR THE PURCHASE, INSTALLATION AND OPERATION  OF  SNOW

S. 395--A                           4

AND ICE REMOVAL EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS
JURISDICTION AS THE AUTHORITY  DEEMS APPROPRIATE.
  S  6.  The transportation law is amended by adding a new section 23 to
read as follows:
  S 23. SNOW AND ICE REMOVAL.  1. FOR THE PURPOSES OF THIS SECTION,  THE
TERM  "COMMON  CARRIER" SHALL MEAN ANY PERSON THAT TRANSPORTS PASSENGERS
BY MOTOR VEHICLE FOR COMPENSATION BY PROVIDING SERVICE FOR  THE  GENERAL
PUBLIC  ON  AN INDIVIDUAL FARE BASIS OVER REGULAR OR IRREGULAR ROUTES OR
ANY PERSON THAT TRANSPORTS PROPERTY BY MOTOR  VEHICLE  FOR  COMPENSATION
FOR  THE  GENERAL  PUBLIC.  IT SHALL INCLUDE A BUS LINE WHICH IS A MOTOR
VEHICLE THAT IS USUALLY CHARACTERIZED BY THE USE OF  VEHICLES  HAVING  A
SEATING  CAPACITY  OF GREATER THAN TWENTY PASSENGERS; BY MULTIPLE PICKUP
AND DISCHARGE POINTS ALONG DESIGNATED ROUTES; AND BY NO  PREARRANGEMENTS
OR RESERVATIONS BY PASSENGERS.
  2.  USING  THE  MONEYS  ALLOCATED  FROM  THE SNOW AND ICE REMOVAL FUND
ESTABLISHED PURSUANT TO SECTION SEVENTY-FOUR-A OF THE STATE FINANCE LAW,
THE DEPARTMENT SHALL:
  (A) ESTABLISH SNOW AND ICE REMOVAL SITES FOR COMMON CARRIERS  ON  SUCH
INTERSTATE  AND  STATE  HIGHWAYS  THAT ARE UNDER THE JURISDICTION OF THE
DEPARTMENT. THE DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH
(B) OF SUBDIVISION FIVE OF SECTION SEVENTY-FOUR-A OF THE  STATE  FINANCE
LAW FOR THE PURCHASE, INSTALLATION AND OPERATION OF SNOW AND ICE REMOVAL
EQUIPMENT AT SUCH REST AREAS AND SERVICE AREAS UNDER ITS JURISDICTION AS
THE COMMISSIONER DEEMS APPROPRIATE.
  (B) ESTABLISH AND ADMINISTER A SNOW AND ICE REMOVAL GRANT PROGRAM. THE
DEPARTMENT SHALL USE THE MONEYS ALLOCATED FROM PARAGRAPH (B) OF SUBDIVI-
SION  FIVE  OF  SECTION  SEVENTY-FOUR-A OF THE STATE FINANCE LAW FOR THE
PURPOSE OF PROVIDING COMMON CARRIERS WITH  MATCHING  FUNDS  TO  PURCHASE
SNOW AND ICE REMOVAL EQUIPMENT; PROVIDED, HOWEVER, THAT
  (I)  NO  GRANT  TO  ANY COMMON CARRIER SHALL EXCEED TEN PERCENT OF THE
TOTAL ALLOCATIONS FOR SUCH GRANT PROGRAM;
  (II) EACH APPLICANT SHALL BE ELIGIBLE TO RECEIVE ONLY ONE  SUCH  GRANT
IN ANY TWENTY-FOUR MONTH PERIOD;
  (III)  NO  PART  OF  ANY  SUCH GRANT SHALL BE USED FOR SALARIES OR ANY
OTHER SERVICES OTHER THAN FOR THE PURCHASE AND INSTALLATION OF SNOW  AND
ICE REMOVAL EQUIPMENT; AND
  (IV)  THE COMMON CARRIER HAS COMMITTED SUFFICIENT FUNDS TO FULFILL THE
MATCH REQUIREMENTS OF THIS GRANT.
  (C) IMPROVE PUBLIC AWARENESS OF THE HAZARDS OF  DRIVING  WITH  ACCUMU-
LATIONS OF SNOW AND ICE ON THE ROOF OR CARGO BED SURFACES OF MOTOR VEHI-
CLES  AND  THE  PROHIBITION THEREOF. THE DEPARTMENT SHALL USE THE MONEYS
ALLOCATED  FROM  PARAGRAPH  (E)   OF   SUBDIVISION   FIVE   OF   SECTION
SEVENTY-FOUR-A  OF  THE STATE FINANCE LAW FOR THE PURPOSE OF SUCH PUBLIC
AWARENESS CAMPAIGN THROUGH EDUCATIONAL AND  INFORMATIONAL  MATERIALS  IN
PRINT,  AUDIO,  VISUAL,  ELECTRONIC  OR  OTHER  MEDIA INCLUDING, BUT NOT
LIMITED TO PUBLIC SERVICE ANNOUNCEMENTS AND ADVERTISEMENTS.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  the  amendments to section 200 of the vehicle and traffic law made
by section three of this act shall expire and be deemed repealed Septem-
ber 1, 2024.

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