senate Bill S4326

2013-2014 Legislative Session

Requires the use of rear wheel guards on certain vehicles

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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 18, 2014 defeated in transportation
Feb 24, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to transportation
Mar 21, 2013 referred to transportation

Votes

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Mar 18, 2014 - Transportation committee Vote

S4326
7
10
committee
7
Aye
10
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Transportation Committee Vote: Mar 18, 2014

aye wr (2)

Co-Sponsors

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S4326 - Bill Details

See Assembly Version of this Bill:
A6418
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §375, V & T L

S4326 - Bill Texts

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Requires the use of rear wheel guards on certain vehicles.

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BILL NUMBER:S4326

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to requiring the use of rear wheel guards on certain vehicles

PURPOSE OR GENERAL IDEA OF BILL:

Establishes the Amara Diarrassouba Life Saving Track Guard Law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the vehicle and traffic law by adding a new
subdivision 10-f. Requires certain vehicles that are operated within a
city having a population of one million or more to be equipped with
rear wheel guards on the rear wheels of such vehicles.

Section 2. Provides for this act to be repealed if it renders New York
state ineligible for federal funds.

Section 3. Severability Clause

Section 4. Effective Date

EXISTING LAW:

None.

JUSTIFICATION:

Amar Diarrassouba was a six year old boy who was hit by the back of a
tractor-trailer on his way to school as he crossed the street at the
intersection of 117th Street and First Avenue on February 28, 2013.
Amar was pronounced dead of his injuries a short time later at Harlem
Hospital. He and his older brother were less than one block from their
school, P.S. 155, when the tragedy occurred.

Amar's tragic death might have been avoided if the tractor-trailer had
been equipped with protective rear-wheel guards. There are estimates
that ten children die each year in New York City as a result of these
types of accidents because rear wheel guards are not mandatory.
Legislation was signed into law in 2011 that requires convex mirrors
to be placed on the front of tractor trailers, but the mirrors on the
front of the truck that killed Amar did not save his life.

This legislation closely follows the statute that was signed into law
in 2011 requiring the placement of front convex mirrors on
tractor-trailers and other vehicles, except that it now requires the
placement of rear wheel guards.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to State.


EFFECTIVE DATE:

On the 180th day after it shall have become law

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

                                  4326

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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
  the use of rear wheel guards on certain vehicles

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

  Section 1. This act shall be known and may  be  cited  as  the  "Amara
Diarrassouba life saving truck guard law".
  S 2. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 10-f to read as follows:
  10-F.  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 REAR WHEEL GUARDS ON THE
REAR WHEELS OF SUCH VEHICLE OR COMBINATION OF VEHICLES.
  S 3. 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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09940-02-3

S. 4326                             2

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 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.

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